The HCJ, on its own initiative, decided to take measures to ensure the independence of judges and the authority of justice due to the facts established during the consideration of the disciplinary case.
These facts were established during the consideration of disciplinary case against judge of the Rzhyshchevskyi local court of Kyiv region Kozina S.M., who, according to the decision of the Second Disciplinary Chamber of the HCJ, was brought to disciplinary liability and disciplinary sanction was imposed on her in the form of submission on dismissal of the judge from office.
More details – by link
On May 14, 2024 the HCJ took decision to dismiss Halyna Yanenko from the office of judge of the Velykonovosilkivskyi district court of Donetsk region based on subparagraph 4 of paragraph 16¹ of Section XV “Transitional Provisions” of the Constitution of Ukraine.
The decision was made in accordance with the recommendation submitted by the HQCJU which stated that based on the results of qualification evaluation of judges of local courts Halyna Yanenko has been found as not consistent with the position she held.
Five judges were dismissed on general grounds
- Prokopchuk Tamara Stepanivna – from the office of judge of the Third Administrative Court of Appeal;
- Berdii Mykola Antonovych – from the office of judge of the Rivnenskyi local court of Rivne region;
- Denyshenko Tamara Oleksandrivna – from the office of judge of the Vinnytsia Court of Appeal.
On 16 May, 2024, the HCJ decided to dismiss Stan Ivan Vasylovych from the office of judge of the Zakarpatskyi Court of Appeal due to submission of application for resignation.
The HCJ has also dismissed Vyshneva Alina Volodymyrivna from the office of judge of the Dzerzhynski district court of Kryvyi Rih of Dnipropetrovsk region due to submission of application on her own volition.
During January – April 2024, 103 judges were dismissed
92 judges were dismissed on general grounds, in particular:
– 88 judges were dismissed due to submission of application for resignation;
– 4 judges of local court were dismissed due to submission of application on their own volition.
11 judges were dismissed on special grounds, namely:
- for committing a significant disciplinary misdemeanour – 9;
- based on subparagraph 4 of paragraph 16¹ of Section XV “Transitional Provisions” of the Constitution of Ukraine in accordance with recommendation of the HQCJU – 2.
During January – April 2024, the HCJ decided to make to the President of Ukraine submissions on appointment of 171 judges to local court, of which:
138 judges — to local general courts;
19 judges — to local administrative courts;
14 judges — to local economic courts.
Since the beginning of 2024, the President of Ukraine supported submissions of the HCJ on appointment of 114 judges, signing on May 8, 2024 Decrees of the President of Ukraine №№ 285/2024–308/2024.
On May 15, 2024, the Third Disciplinary Chamber of the HCJ took decision on bringing judge to disciplinary liability and imposing a disciplinary sanction in the form of dismissal from office.
“In the conditions of an imperfect legal framework and the lack of sustainable judicial practice in resolving disputes about war crimes, it is extremely important to create a unified interactive electronic database of court decisions, which will be helpful for judges, lawyers, prosecutors involved in the consideration of such categories of cases,” noted Hryhorii Usyk, the Chairman of the HCJ, at a coordination meeting with representatives of the USAID Program, in the course of which they discussed a joint vision of the project to implement such a database.
The head of the HCJ noted that the matter of creating an electronic database requires discussion of both – its structure, content, administration, and resolving technical issues of its operation.
Based on the results of the coordination meeting, the parties agreed to create a working group that will determine tasks and step-by-step stages of implementing the electronic database.
HCJ made comments on the draft law on proper remuneration for civil servants of court apparatuses
The HCJ approved an advisory opinion on the draft Law “On Amendments to Part Six of Article 150 of the Law of Ukraine “On the Judiciary and the Status of Judges” on the remuneration of civil servants of court apparatuses,” registration No. 11158.
The High Council of Justice supports the draft law No. 11158, subject to taking into account suggestions outlined.
More details – by link.
HCJ will make to the President of Ukraine submissions on appointment of 25 judges to local courts
On May 16, 2024, the HCJ took decision on making submissions to the President of Ukraine on appointment of 25 judges to local courts.
The list – by link.
The Chairman of the HCJ Hryhorii Usyk, member of the HCJ Alla Kotelevets and representatives of the HCJ Secretariat discussed issues related to the application of the rules of effective proceedings by courts during an online meeting with representatives of the Ukrainian-Dutch project “Judiciary and Society in Ukraine”.
The rules were developed with the support of this international project with the aim of introducing the best European judicial practices, unifying approaches to legal proceedings in Ukrainian and European courts, and applying European principles of court organization.
The HCJ Chairman Hryhorii Usyk noted that the rules developed by the international project will be helpful for judges who are guided in their work by the procedural codes.
During January-April 2024, the HCJ received 89 notifications on interference in the professional activity of judges regarding the administration of justice on the actions that violate the guarantees of judicial independence or undermine the authority of justice.
Considering the notifications that were previously received, the HCJ considered 49 notifications from judges during four months of 2024.
By results of consideration of 28 notifications on interference in the activity of judges regarding the administration of justice, 27 decisions were made on taking relevant measures.
The HCJ made 3 decisions by its initiative within its powers on taking measures regarding ensuring judicial independence and the authority of justice.