HCJ should be formed of members with an impeccable reputation
The HCJ should be formed of members with an impeccable reputation. This was emphasized by current members of the High Council of Justice – Vitalii Salikhov, Oksana Blazhivska, Inna Plakhtii during the meeting of the working group on issues of financing the judiciary, formed within the Committee of the Verkhovna Rada of Ukraine on legal policy issues.
While discussing the preparation for holding the XIX extraordinary congress of judges of Ukraine, the agenda of which includes an issue on the election of eight members of the High Council of Justice, Vitalii Salikhov, Oksana Blazhivska, Inna Plakhtii paid attention to the appearance of new legislation that raises reservations.
As it is known, on May 20, 2022, the Law of Ukraine “On making amendments to certain laws of Ukraine on functioning of the civil service and local self-government during martial law” has entered into force. It is determined that during the martial law, a special check, provided by the Law of Ukraine “On Corruption prevention”, will not be conducted, including also the check, provided by the Law of Ukraine “On Government cleansing”. The organization of a special check of persons appointed during martial law will be carried out within three months from the date of its termination or cancellation.
The HCJ members addressed the people’s deputy of Ukraine Serhii Demchenko with the request to process the mechanisms of provision of conduction of at least a partly check of the most important information, which will give the possibility to receive information whether such person was brought to administrative, criminal liability and other.
According to HCJ members, even during the martial law measures should be taken to avoid undesirable consequences and check procedures should be provided to give the possibility to select the best candidates for the HCJ and make it impossible to discredit the judicial governance body.
HCJ members call for the immediate resumption of the Council’s plenipotentiary composition
Acting Chairman of the High Council of Justice Vitalii Salikhov, members of the Council Oksana Blazhivska and Inna Plakhtii emphasized the need to immediately resume the work of the judicial governance body and continue to perform its constitutional functions.
Currently, other extremely important functions of the HCJ are currently blocked, without which the full functioning of the justice system is impossible. In particular: consenting to the detention of a judge or keeping him/her in custody, making decisions on the temporary suspension of a judge from the administration of justice in connection with bringing to criminal liability, including in criminal proceedings on the fact of treason and collaborationism; resolving issues on forwarding to the President Ukraine submission on appointment of judges, dismissal of judges from offices. Without the authorized composition of the HCJ, it is impossible to form the High Qualifications Commission of Judges of Ukraine, which determines the staffing of courts, it is impossible to fulfil the requirements of the Law No. 1635-IX and form the Service of Disciplinary Inspectors. In addition, the High Council of Justice currently has more than five thousand disciplinary complaints against judges’ actions, requiring consideration and adoption of relevant decisions within the time limits specified by law.
HCJ members call on each of the subjects of delegation to speed up selection procedures and ensure the restoration of the full functioning of the constitutional body of judicial governance.
HCJ initiates the amends to the legislation, aimed at overcoming the staff shortage in the judiciary
The HCJ suggested the parliamentarians ways of optimization of the the process of personnel selection of judges.
The members of the Council worked out a number of specific suggestions to the legislation, that will give possibility to shorten the terms of holding the selection of candidates to the position of a judge, reduce financial burden on the State budget during the martial law.
The HCJ addressed the Head of the Verkhovna Rada of Ukraine Ruslan Stefanchuk, head of the profile VRU Committee on legal policy issues Andrii Kostin, the people'’ deputy of Ukraine Serhii Demchenko, as the subjects of the legal initiative with the request to assist in developing and submitting to the consideration of the parliament of relevant draft laws.
The HCJ considers it necessary to reduce the stages of selection of candidates for the position of judge.
It is proposed to reduce them to this:
- acceptance of documents from candidates;
- training at the National School of Judges of Ukraine, which covers all areas of law (basic legal component) and consists of special preparation for the qualification exam;
- exam for the level of proficiency in the state language;
- qualification exam;
- conducting by the HQCJ of Ukraine an interview on the basis of the rating of candidates who passed the qualification exam and submitting a recommendation to the High Council of Justice on the appointment of a candidate for the position of a judge.
The HCJ expresses the hope that the proposals, which are relevant and important for the judiciary, will find the support of people’s deputies from the legal committee, will be implemented in the draft law and approved in the session hall.
Member of the High Council of Justice Oksana Blazhivska is representing Ukraine at the General Assembly of the European Network of Councils for the Judiciary, which is holding its session in Athens these days.
The member of the High Council of Justice expressed gratitude to European colleagues for effective support of our state at such a tragic time for Ukraine and critical for the whole of Europe.
In the course of the report, Oksana Blazhivska informed on the problems and challenges that the judiciary of Ukraine facing because of the military aggression (attack) of russian invader against our state.
“I believe there is a need to establish a European Judicial Fund, the main purpose of which would be to provide support and assistance to judges, Ukrainian court staff and, subsequently, the Member States of the European Union, as well as assistance in resuming the work of courts by rebuilding them. Besides, I would like to make a request to the Councils for the Judiciary of the EU Member States to initiate the provision by international legal organizations with support and advisory or other assistance related to legal protection, when resolving issues arising from citizens of Ukraine who are forced to stay on the territory of other states”, – Oksana Blazhivska stressed.
She asked the international judicial community and the Councils for the Judiciary in Europe to support the idea of establishing a special international tribunal to investigate military crimes, which could provide a legal assessment of the evidence of aggression of russian's invader against Ukraine, and a special international arbitration.
Oksana Blazhivska emphasized that the HCJ seeks closer cooperation with ENCJ as we see it as a unique opportunity to establish direct contacts with representatives of more than twenty EU judicial councils and EU candidate councils. The Council is also open and interested in cooperation at the bilateral level: “We invite Presidents and Members of the Councils for the Judiciary to establish closer contacts with the High Council of Justice by concluding memorandums of cooperation and their further implementation in practical terms”, – she noted.
HCJ calls to settle the issue of restoring the powers of "five-year term” judges as soon as possible
The High Council of Justice addressed the Chairman of the Verkhovna Rada of Ukraine Ruslan Stefanchuk, the Chairman of the Verkhovna Rada Committee on Legal Policy Andrii Kostin, People’s Deputy Serhii Demchenko and called to support draft laws aimed at resolving the issue of restoring the powers of judges who do not administer justice due to the expiration of the term for which they were appointed (No. 5889, No. 4505).
legislators propose to establish that by the day of formation of the plenipotentiary composition of the High Qualification Commission of Judges of Ukraine, the High Council of Justice, without recommendation of the HQCJU shall decide on the issue of forwarding submission to the President of Ukraine on appointment of judges whose five-year term powers for holding position of a judge for permanent terms have ended.
The HCJ supports this initiative. After all, the situation in which, for a long time, judges who have submitted an application for qualification assessment and are deprived of opportunity to pass the relevant procedure within the time limits established by law and be appointed to office for permanent terms, is discriminatory and violates constitutional and international standards guaranteeing judicial independence and non-discrimination in resolving the matter of judicial career.
According to the HCJ members, this approach deserves support as an exceptional one-time measure, since it eliminates discrimination in the judicial career of those judges who are deprived of the opportunity to pass a qualification assessment due to the long-term lack of authority of the HQCJU and will partially solve the problem of an acute staff shortage in courts. At the same time, the HCJ notes that such an approach cannot be applied to judges in respect of whom a submission on temporary suspension from the administration of justice with further qualification assessment has been made.