1. Oleksii Malovatskyi: the High Council of Justice will terminate its work if the activity of the Ethics Council does not comply with the Constitution of Ukraine
On issues of legal regulation of the Ethics Council at the HCJ, the delay by international experts in the start of the Selection Commission to the High Qualification Commission of Judges of Ukraine and the 50 percent deficit of judges the acting Chairman of the HCJ Oleksii Malovatskyi announced during a working meeting on the implementation of judicial reform.
Oleksii Malovatskyi noted that the HCJ did all preparation actions so the High Qualification Commission of Judges of Ukraine could start its work on time.
He explained the situation regarding the verification by the Ethics Council of current and future HCJ members. According to him, if nothing changes in legislative regulation regarding the selection and the functioning of the Ethics Council, and its activity does not comply with the Constitution of Ukraine, this will lead to the forced termination of work of the HCJ.
“If the Ethics Council starts its work with the current legal regulation, more than 10 HCJ members will be forced to leave their positions, as the activity of the Ethics Council will be, unquestionably, unconstitutional”, – noted Oleksii Malovatskyi.
The HCJ supports any reform, that will improve the access of citizens to justice, reduce the workload on current judges, help the willing ones to get access to the profession of a judge and at the same time will comply with the Constitution of Ukraine, laws of Ukraine will be balanced and systematic.
2. HCJ approved the appeal to the Ministry of Finance of Ukraine on the distribution of excess revenues from court fees to local and appellate courts
The HCJ approved the application of the SJA of Ukraine to the Ministry of Finance of Ukraine with the submission regarding the distribution of excess revenues from court fees to meet the needs of the courts in consumption and development expenditures for the total amount 306 094,7 thousand UAH as soon as possible.
The SJA of Ukraine suggested the redistribution of increasing of planned indicators on the special fund of the state budget by making changes to the description within the additional needs of local and appellate courts in consumption expenditures in the amount of 291 300, 8 thousand UAH and the development expenditures in the amount of 14 793, 9 thousand UAH.
In particular, 68,537.3 thousand UAH of which will be used to pay salaries to employees of courts.
Other expenses will be used to purchase stamps, envelopes, paper, stationery and household goods; payment for postal services, conducting of current repairs of premises and office equipment, payment for maintenance services, etc.; payments to judges who have been seconded to other courts, etc.
More details here.
3. The term of granting judges’ consent for secondment to three courts has been extended
The HCJ, according to decisions of November 2, 2021, No. 2152/0/15-21, 2154/0/15-21, 2155/0/15-21 extended the term for granting judges’ consent for seconding to the Vasylkivskyi district court of Dnipropetrovsk region, the Selydivskyi city court of Donetsk region, the Ananiivskyi district court of Odesa region till November 12, 2021.
Judges, who expressed the wish to be seconded to mentioned courts, shall file to the HCJ necessary documents.
4. Blog of the HCJ member Svitlana Shelest on what awaits the Council and why HCJ members can leave their positions without waiting for verification from the Ethics Council.
5. HCJ will transfer saved costs on the fight with COVID-19
The HCJ notified the Ministry of Finance of Ukraine about the readiness to direct saved costs to the budget program “Measures, connected to fight against the acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2, and its consequences”. According to the submitted proposals, it is planned to save funds from the state budget in the amount of 1,358.6 thousand UAH. The savings were formed as a result of competitive procurement by the HCJ. Apart from that, the Council has not used the costs, provided for payment for utilities in an additional premise, as in 2021 such a premise was not allocated.
6. HCJ temporarily suspended judge Oleksandr Boiarskyi from administering justice due to bringing him to criminal liability
The HCJ decided to temporarily, till January 4, 2022, suspend judge of the Bilhorod-Dnistrovskyi city district court of Odesa region Oleksandr Boiarskyi from administering justice due to bringing him to criminal liability.
7. Tetiana Parkhatska was appointed as the Head of the Secretariat of the High Council of Justice
On November 4, 2021, by the decision of the Council Parkhatska Tetiana Mykolaivna has been appointed to the position of the Head of the Secretariat of the High Council of Justice.
The competition for holding a position of civil service of A category in the justice system – Head of the Secretariat of the High Council of Justice was announced on April 22, 2021.
On October 29, 2021, the Commission on senior civil service in the justice system submitted a proposal to the HCJ regarding the candidacy of Parkhatska T.M. as a winner of the competition for filling a vacant position of civil service of A category in justice system of the Head of the Secretariat of the High Council of Justice.
The HCJ recognized Tetiana Parkhatska as a winner of the mentioned competition and decided to appoint her to the position of the Head of the Secretariat of the High Council of Justice.
8. Procedure of secondment judges to two courts has begun
The HCJ, according to decisions of November 4, 2021, No. 2162/0/15-21 and No. 2164/0/15-21 announces the beginning of the procedure for seconding judges to another court of the same level and specialization for administering justice, namely to:
Chutivskyi district court of Poltava region – 1 judge;
Tyvrivskyi district court of Vinnytsia region – 2 judges.
Judges who expressed the wish to be seconded to mentioned courts must 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.
9. HCJ reacted to the notification of a chief judge of the Uzhgorod city district court of Zakarpattia region on interference in his professional activity
The chief judge of the Uzhgorod city district court of Zakarpattia region Viktor Danko notified the HCJ that when he was walking around the city with his family, the accused citizen R. in a criminal case, which is in his proceeding, began to threaten the judge and his wife with physical violence.
Taking into account that the safety of judges is determined as one of the main guarantees of independence of judges, and the circumstances, notified by the chief judge, testify about the possible interference in the activity of a judge regarding administering justice, the HCJ considers that there are grounds for taking measures concerning the ensuring independence of judges and the authority of justice.
The HCJ decided to address the Court Security Service regarding the immediate taking of measures provided by law to ensure the personal safety of judges, members of their families and security of the premises of the Uzhgorod city district court of Zakarpattia region, and also to address the Prosecutor General’s Office concerning the checking of circumstances in the notification of the chief judge of the Uzhgorod city district court of Zakarpattia region on interference in his activity as a judge concerning administering.
10. Announcement on the holding of ХІХ extraordinary congress of judges of Ukraine
On December 22–23, 2021, the ХІХ extraordinary congress of judges of Ukraine will be held.
The agenda of the XІХ extraordinary congress of judges of Ukraine includes an issue on election members of the High Council of Justice.
Venue: Congress hall of the “President” Hotel at the address: Kyiv, Hospitalna street 12.
The HCJ Secretariat will conduct the acceptance of documents from candidates to the position of the HCJ member for election by the congress of judges of Ukraine from November 8, 2021.
Date of completion of acceptance of documents – 24:00 on November 21, 2021.
The lists with information about candidates for election to positions of HCJ members in the order of receipt of applications and other documents from candidates will be posted on the official website of the HCJ in the section “Candidates to the HCJ composition”.