1. HCJ addressed the Prosecutor General’s Office on facts, notified by a judge of the Kharkiv district court of Kharkiv region
The HCJ addressed the Prosecutor General’s Office and the Qualification and disciplinary commission of the bar in Kharkiv region on checking facts, notified by a judge of the Kharkiv district court of Kharkiv region Iryna Karasava.
2. List of candidates for election of HCJ members by XIX Extraordinary Congress of Judges of Ukraine
The HCJ secretariat informed about the termination of receipt of documents from candidates to positions of members of the High Council of Justice for being elected by XIX extraordinary Congress of judges of Ukraine that will take place on December 22-23, 2021.
According to part six of Article 9 of the Law of Ukraine “On the High Council of Justice” here is the published list of candidates to positions of HCJ members from the Congress of judges of Ukraine:
- FOMIN Viktor Anatoliiovych
- HRUSHKOVSKA Liubov Yuzefivna
- KUSHNIR Ihor Vitaliiovych
- SHAPOVALOVA Iryna Serhiivna
- KOSTENKO Vladyslav Hennadiiovych
- KOTUBEI Ivan Ivanovych
- KRUHOVA Svitlana Samuilivna
- PANASIUK Oleksandr Serhiiovych
- NERODA Liudmyla Mykolaivna
- HUDYMA Dmytro Anatoliiovych
- BOIKO Oleksandr Yuriiovych
- MATSIUK Yurii Ilarionovych
- MOHYLNYI Oleh Pavlovych
- KALUHINA Inna Olehivna
Documents of candidates to positions of members of the High Council of Justice.
The venue of XІХ extraordinary congress of judges of Ukraine – Congress hall of the “President” hotel at the address: Kyiv, Hospitalna street, 12.
3. The term for granting judges’ consent for secondment to four courts has been extended
- the HCJ, according to decisions of November 18, 2021, No. 2242/0/15-21 and No. 2244/0/15-21 extended the term of granting judges’ consent for secondment to the Mahdalynivskyi district court of Dnipropetrovsk region and the Lubenskyi city district court of Poltava region till November 29, 2021;
- the HCJ, according to the decision of November 23, 2021, No. 2256/0/15-21 extended the term of granting judges’ consent for secondment to the Dzerzhynskyi city court of Donetsk region till December 2, 2021;
- the HCJ, according to decisions of November 25, 2021, No. 2264/0/15-21 extended the term of granting judges’ consent for secondment to the Oleksandriiskyi city district court of Kirovohrad region till December 6, 2021.
Judges who expressed the wish to be seconded to the mentioned courts must submit to the HCJ necessary documents.
4. Court security service is an example of efficient work, – Oleksii Malovatskyi
It is the HCJ, that stood at the origins of the establishment of the Court security service – the body responsible for guaranteeing the security of justice. Currently, the Court security service is an example of the effective and efficient work of a modern state body. This was said by the acting Chairman of the HCJ Oleksii Malovatskyi during the visit to the Training Center of the Court security service, situated in Vinnytsia.
According to Oleksii Malovatskyi, the existence of an independent court is impossible without a specialized body that will provide the security of courts, guarantee the protection of judges, employees of courts and participants of trials. He also informed that at the time of the establishment of the CSS not more than 30% of courts have been secured.
Oleksii Malovatskyi noted:
“Judiciary is forced to face a number of challenges that prevent its full functioning, in particular, completion of the process of taking all judicial institutions under protection”.
5. HCJ members met with members of the Selection Commission on election the HQCJU
On November 22, 2021, a meeting of HCJ members with six members of the Selection Commission on the election of new members of the High Qualification Commission of Judges of Ukraine was held.
Parties stressed the necessity of immediate resumption of work of the HQCJ of Ukraine and liquidation of a significant shortage of staff in the courts.
Oleksii Malovatskyi drew attention to the necessity of immediate solving the issue of financing the activity of the commission.
«As the commission is an independent body, only the Ukrainian Government can finance it, probably at the expense of international technical assistance. So it should be determined what amount of financing is needed and as soon as possible form a budget request”, – he said.
The Acting Chairman of the HCJ noted that the rules of procedure of the commission should include the procedure of holding public meetings and approving decisions in case of the absence of members in Ukraine.
Representatives of the commission assured that will act maximally fast and efficiently for a successful result.
Oleksii Malovatskyi emphasized once again that the HCJ supports reforms aimed at improvements in the judicial system.
6. HCJ decided to make a submission to the President of Ukraine on appointing two judges to local courts
On November 23, 2021, the HCJ decided to make a submission to the President of Ukraine on appointing to positions to local courts:
- NIKOLENKO Daria Mykolaivna – to the position of judge of the Dovhyntsivskyi district court of Kryvyi Rih of Dnipropetrovsk region;
- HRYNOVETS Oksana Bohdanivna – to the position of judge of the Kozivskyi district court of Ternopil region.
7. Three judges resigned
On November 23, 2021, the HCJ decided to dismiss due to the submission of an application for resignation
- Bobrova Iryna Oleksiivna from the position of judge of the Chernihiv appellate court.
On November 25, 2021, the HCJ decided to dismiss due to the submission of an application for resignation
- Shakhova Olena Vasylivna from the position of the judge of the Kyiv appellate court;
dismiss on her own will:
- Kuznetsova Viktoriia Viktorivna from the position of the judge of the Prymorskyi district court of Odesa on her own.
8. Procedure for secondment judges to the Ripkivskyi district court of Chernihiv region has begun
According to the decision of November 23, 2021, No. 2254/0/15-21 the HCJ announces the beginning of the procedure for seconding judges to the Ripkivskyi district court of Chernihiv region – 1 judge.
Judges who expressed the wish to be seconded to the mentioned court must submit to the HCJ within ten days (from the date of the announcement of the beginning of the procedure for seconding judges) necessary documents.
9. HCJ addressed the Head of the State regarding compensations to members of the Selection Commission on election members of the HQCJU
In order to provide appropriate work organization of the Selection Commission on election members of the HQCJU, the High Council of Justice addressed the Prime Minister of Ukraine. The HCJ asks to assist in developing by a responsible body of executive power of the draft procedure of compensations to members of the Selection Commission on election members of the HQCJU for the time of the exercise of their powers. And also to determine maximum amount of compensation for such costs, and submit it to the consideration of the Cabinet of Ministers of Ukraine.
At the same time, the secretariat of the HCJ provides organizational and material and technical assistance of the activity of the Selection Commission.
10. HCJ addressed the SJA of Ukraine and the Ethics Council on ensuring the check of candidates to the HCJ
In order to pursue requirements of the legislation on sending the Ethics Council copies of documents of candidates to positions of HCJ members in its letter to the State Judicial Administration of Ukraine, the HCJ expressed the request to inform whether the Ethics Council started its work, and, in case of starting of work of the Ethics Council, to provide its address for official mailing.
On December 10, 2021, the congress of representatives of high educational establishments and academic institutions, and on December 22–23, 2021 – XIX extraordinary congress of judges of Ukraine. The agenda of these congresses include an issue on the election of HCJ members.
The HCJ emphasizes that there is very little time left before the congresses, which is why delaying the verification process can lead to disruption of the election of HCJ members, as, according to current legislation, HCJ members cannot be elected without the conclusion of the Ethics Council.
Apart from that, the HCJ asks to inform how will be ensured the protection and non-disclosure of confidential information, other information with limited access (including state secret), which will be known to the members of the Ethics Council in connection with the exercise of their powers.
11. HCJ responded to notification of judge of the Industrialnyi district court of Dnipropetrovsk
The HCJ decided to draw the attention of the SBI that the procedural activity of bodies of pretrial investigation can not violate guarantees of independence of judges according to Articles 126, 129 of the Constitution of Ukraine and Article 48 of the Law of Ukraine “On the Judiciary and the Status of Judges”.
12. Anti-corruption program of the HCJ for 2021-2025 has been approved by the NACP
The anti-corruption program of the High Council of Justice for 2021-2025 received approval from the National Agency on corruption prevention.
The HCJ’s policy regarding prevention and combating corruption is based on principles of rule of law, the integrity of public service, formation of a negative attitude to corruption, the inevitability of liability for corruption offenses, efficiency and legality of the use of budget funds, transparency and openness of activity.
13. HCJ: To ensure the work of the Selection Commission on election members of the HQCJU there is a need for additional premises
The HCJ takes all measures for starting of work of the Selection Commission on election members of the HQCJU. That is why the HCJ addressed the SJA of Ukraine with the initiative on transferring the part of premises where the HQCJU is situated, in the usage of the HCJ.
The need in the additional premises arose with the necessity of placing the Selection Commission on election members of the HQCJU, assistants and translators, involved in ensuring the exercise of its powers, and also for employees of the HCJ secretariat who will provide organizational assistance to members of the Selection Commission.
14. HCJ continues its work, despite all obstacles, – Oleksii Malovatskyi
This was emphasized by the acting Chairman of the HCJ Oleksii Malovatskyi during the meeting of the Advisory council of chief judges under the HCJ, aimed at the discussion of current issues of the activity of courts and reforming the legislation on the judiciary and the status of judges.
Oleksii Malovatskyi informed about steps that the HCJ makes for ensuring the activity of the Selection Commission on election members of the HQCJU.
He drew attention that the Ethics Council should work in such a way as not to interrupt the activities of a key body of the judiciary – the High Council of Justice as it is provided by current legislation.
“Though the HCJ had to terminate the disciplinary function, there is a huge number of issues that should be considered. In particular, financing, interference in the professional activity of judges, and also stuffing issues regarding the resignation, transferring of judges, etc.” – informed Oleksii Malovatskyi.
15. List of candidates to positions of members of the HCJ for being elected by XIX extraordinary Congress of judges of Ukraine has been published in the newspaper “Holos Ukrainy”
According to part six of Article 9 of the Law of Ukraine “On the High Council of Justice” the list of candidates to positions of HCJ members for being elected by XIX extraordinary Congress of judges of Ukraine that will take place on December 22-23, 2021, was published in the newspaper “Holos Ukrainy” of November 25, 2021, No. 223 (7723).
16. Meeting of the Advisory council of chief judges under the HCJ: Under the slogan of unity of the judiciary
On November 24, 2021, the meeting of the Advisory council of chief judges under the HCJ took place. This event unites for the fifth year in row representatives of the justice sphere for establishing effective interaction, promotes the opinion of the courts through the HCJ to other subjects of state power, and, also, undoubtedly, is an effective platform for the formation of a unified position on solving issues that arise in the judiciary.
During the meeting, a number of current issues were considered regarding the activity of courts and reforming the legislation on the judiciary and the status of judges, in particular, the current state of work of the Selection Commission on election members of the HQCJU, the Ethics Council, financing and security of courts.
Acting Chairman of the HCJ Oleksii Malovatskyi informed participants of the event regarding steps that the HCJ makes to provide activity of the Selection Commission on election members of the HQCJU and the soonest start of its work.
17. HCJ responded to notification of judge of the Solomianskyi district court of Kyiv
The HCJ decided to address the Prosecutor General’s Office and the Qualification and disciplinary commission of the bar in Kyiv region due to actions of the advocate and his trainee that can have signs of interference in the activity of judge of the Solomianskyi district court of Kyiv Iryna Usatova.
18. HCJ continues to take measures for starting of work of the Selection commission on election of members of the HQCJU
In order to involve professional employees of the HCJ secretariat in the organization of the proper work of the Selection Commission on election members of the High Qualification Commission of Judges of Ukraine, the HCJ made amends in the staff list of the secretariat of the Council. The mentioned amends will enter into force on December 1, 2021.
The Council’s secretariat provides organizational and material and technical assistance of the activity of the Selection Commission. In particular, the HCJ secretariat receives documents from candidates to position of member of the HQCJ, provides holding of special check of candidates before holding the first stage of the competition on filling positions of the HQCJU and provision the results of such check to the Selection Commission. The HCJ secretariat provides the live broadcasting of meetings of the Selection Commission on the official website of the HCJ.
19. High Council of Justice refutes populist appeal of unprofessional public organizations regarding the violation of procedure of appointment judges