The HCH dismissed six judges under general grounds
On March 28, 2023 the HCJ decided to dismiss under submission of applications for resignation:
- Bylina Tetiana Ivanivna – from the office of judge of the Donetsk court of appeal;
- Mazka Nataliia Bronislavivna – from the office of judge of the Makarivskyi district court of Kyiv region.
Shkamerda Kateryna Serhiivna was dismissed from the office of judge of the Holovanivskyi district court of Kirovohrad region under submission of application for dismissal on her free will.
On March 30, 2023 the HCJ decided to dismiss under submission of applications for resignation:
- Lynnyk Valirii Yakovych – from the office of judge of the Irpinskyi local court of Kyiv region;
- Lion Oksana Mykolaivna – from the office of judge of the Kanivskyi local-district court of Cherkasy region;
- Slyvka Liubomyra Mykhailivna – from the office of judge of the Ternopilskyi local-district court of Ternopil region.
On March 28, 2023, the High Council of Justice approved the Methodology for conducting interviews, selection and appointment of candidates for the position of a member of the HQCJU.
The HCJ applies the principle of positive selection. The selection and appointment to the position of a member of the HQCJU will be carried out according to the criteria of integrity, professional competence and political neutrality.
Viktor Moroz is temporarily entrusted with the duties of the Head of the Court Security Service
The HCJ decided to assign the duties of the Head of the Court Security Service to the Head of the Territorial Department of the Court Security Service in the Rivne region, Colonel of the Court Security Service Moroz Viktor Anatoliiovych from March 30, 2023, temporarily, until the appointment of the Head of the Court Security Service in the prescribed manner, but no longer than July 30, 2023.
Presentation of the new Council of Europe Project “Support to the functioning of justice in the war and post-war context in Ukraine», was held at the HCJ. The Project is aimed at promoting further reform of the judiciary in Ukraine and reducing the impact of the war on the activities of the justice system, including post-war recovery, improving the national model of judicial self-governance, and supporting the activities of the HCJ. This Project is implemented by the Division of Cooperation Programs of the Department for the Implementation of Human Rights, Justice and Legal Cooperation Standards, Directorate General Human Rights and Rule of Law, Council of Europe.
Hryhorii Usyk, the Chairman of the HCJ, noted that the adoption by the Council of Europe of a new action plan for Ukraine testifies to the continuous support and firm determination that the Council of Europe has shown since the first days of russian aggression in Ukraine. According to him, the continuation of cooperation within the framework of the new CoE Project opens up new opportunities for the judiciary of Ukraine in the context of bringing guarantees for the protection of fundamental human rights and freedoms closer to European standards.
The HCJ adopted a relevant decision in order to evenly redistribute the costs of the judicial remuneration fund between the courts and territorial branches of the SJA of Ukraine (in regard of local general courts) and ensure the payment of judicial remuneration to actually working judges in the manner and amount determined by the Law of Ukraine “On the Judiciary and the Status of Judges”.
Procedure of secondment judges to the Ustynivskyi district court of Kirovohrad region has begun
According to decision of the HCJ dated March 28, 2023 № 267/0/15-23 it was announced by the HCJ about the beginning of the procedure for seconding judges to another court of the same level and specialization to administer justice, in particular, one judge to the Ustynivskyi district court of Kirovohrad region.
Judges who expressed the wish to be seconded to mentioned court should submit to the High Council of Justice within ten days (from the date of the announcement of the beginning of the procedure for seconding judges) necessary documents. The list of the documents is here.
The term for judges to give consent to a secondment to two courts has been extended
The HCJ by its decisions dated March 28, 2023 № 266/0/15-23 and dated March 30, 2023 № 284/0/15-23 extended the term to give consent to a secondment of one judge to the Artsyzskyi district court of Odesa region until April 7, 2023 and four judges to the Rivne circuit administrative court until April 14, 2023.
Judges who have expressed the wish to be seconded to the said court should submit necessary documents.
The HCJ: authority of the judiciary depends on each judge
A message came in the information field about the exposure by the SSU together with the NACP under the procedural guidance of the SAP, of a judge of the Kyivskyi district court of the city of Odesa for receiving unlawful benefits.
Corruption in the justice system is unacceptable, since such illegal actions are one of the main threats to national security; they harm the interests of society and the state. The HCJ draws attention to the need to create an atmosphere of intolerance towards corruption among the judiciary.
In the event the HCJ receives relevant submissions about judges, those will be considered in accordance with the procedure established by law in a transparent, objective and impartial manner.
The HCJ once again postponed the beginning of the work resumption of courts of Kherson region
Due to the continued security threats in the Kherson region, the HCJ decided to postpone until May 1, 2023 the beginning of the work resumption of the Kherson Court of Appeal, Bilozerskyi, Velykooleksandrivskyi, Novovorontsovskyi district courts of Kherson region
The Odesa Court of Appeal, the Kyivskyi, Malynovskyi, Prymorskyi, Suvorovskyi district courts of the city of Odesa, the Biliaivskyi, Kominternivskyi district courts of Odesa region, the Teplodarskyi local court of Odesa region will continue consideration of transferred cases until April 30, 2023 inclusive.
The HCJ decided to resume the work of the Snihurivskyi district court of the Mykolaiv region – from April 1, 2023 and the Bereznehuvatskyi district court of the Mykolaiv region – from April 3, 2023.
The SJA of Ukraine should take urgent measures to early terminate the secondment of judges of the Snihurivskyi and Bereznehuvatskyi district courts of the Mykolaiv region in connection with the resumption of the work of these courts.
The HCJ member Vitalii Salikhov during meeting of the working group on proper funding of the judiciary in Ukraine, established in the Verkhovna Rada of Ukraine Committee on Legal Policy, raised problematic issues on payment of judicial remuneration and counting judicial length of service to judges who are released from their duties of administration of justice in connection with the conscription for military service.
Vitalii Salikhov noted that non-payment of judicial remuneration to the judges defending Ukraine could lead to further uncertainty in calculating judicial length of service upon retirement of a judge, counting of insurance experience. After all, the absence of contributions to the Pension Fund from judicial remuneration during the stay of judges in the war may cast doubt on the existence of judicial seniority in the specified period of time. Currently, the Law of Ukraine “On Social and Legal Protection of Servicemen and Members of Their Families” is in force, but its provisions are general, and guarantees of their application to judges are not indubitable. It is advisable to establish a clearer definition regarding judges.
According to Vitaliy Salikhov, the legislator should resolve these disputed issues by amending the relevant Law of Ukraine “On the Judiciary and the Status of Judges” in order to avoid resolving these issues in court after the return of mobilized judges from the front.
The HCJ decided to address to the Prosecutor General’s Office on providing information on disclosure and investigation of a crime, the essence of which is interference with the activities of judges of the South-Western Economic Court of Appeal in the administration of justice, committed by a person using his/her official position.
The HCJ draws attention to the fact that there is a clear line between freedom of expression and legitimate criticism, on the one hand, and disrespect and undue pressure on the judiciary, on the other. Public persons, including social activist, should refrain from statements and actions that may undermine the independence of the judiciary and the authority of justice, and judge should perform his/her professional duties independently, relying solely on facts established on the basis of his/her own assessment of evidence, understanding of the law, the rule of law which is a guarantee of a fair court hearing, despite any external influences, incentives, threats, interference or public criticism.