Decrees of the President of Ukraine on appointing judges have been published
The President of Ukraine supported submissions of the High Council of Justice on appointing judges. 36 judges were appointed by the Decrees of the President of Ukraine No. 601/2021, No. 602/2021, No. 603/2021, No. 610/2021, No. 611/2021, No. 612/2021, No. 613/2021 and No. 614/2021.
Judge of the Commercial Cassation Court within the Supreme Court Valentyna Danishevska has resigned
On November 30, 2021, the HCJ decided to dismiss Valentyna Danishevska from the position of the judge of the Commercial Cassation Court within the Supreme Court due to the submission of an application for resignation.
HCJ seconded two judges to administer justice
On November 30, 2021, the High Council of Justice decided to second for administering justice for the term of one year judge of the Zaporizhzhia circuit administrative court DULIANUTSKA Svitlana Mefodiivna to the Rivne circuit administrative court from December 14, 2021, and judge of the Liubarskyi district court of Zhytomyr region VALCHUK Valerii Viktorovych to the Tyvrivskyi district court of Vinnytsia region from December 15, 2021.
The term of granting judges’ consent for secondment to two courts has been extended
The HCJ, according to the decision of November 30, 2021, No. 2270/0/15-21 extended the term of granting judges’ consent for seconding to the Popasnianskyi district court of Luhansk region till December 9, 2021.
The HCJ, according to the decision of December 2, 2021, No. 2285/0/15-21 extended the term of granting judges’ consent for seconding to the Kamiansko-Dniprovskyi district court of Zaporizhzhia region till December 13, 2021.
Judges, who expressed the wish to be seconded to mentioned courts, shall file till December 9, 2021, to the HCJ necessary documents.
Ethics Council has been sent copies of documents of candidates to position of HCJ member
The High Council of Justice takes all measures dependent on it for implementing requirements of the legislation concerning the provision of check on compliance of candidates to the position of HCJ member to criteria of professional ethics and integrity. On December 10, 2021, a congress of representatives of high educational establishments and academic institutions will be held, 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.
According to current legislation, the HCJ secretariat that carried out the receipt of documents, not later than the next working day after termination of receiving documents, sends their copies to the Ethics Council.
As of the end of the acceptance of documents, the HCJ secretariat had no information on the beginning of work of the Ethics Council. Thus, on November 23, 2021, the HCJ addressed the SJA that conducts organizational and technical provision of the activity of the Ethics Council, with the request to notify about the beginning of work and provide the address for official mailing with it.
On November 30, 2021, the SJA of Ukraine notified about the official address for postal mailing with the Ethics Council. The HCJ sent to the mentioned address copies of documents, submitted by candidates to the position of HCJ member for being elected by the congress of representatives of high educational establishments and academic institutions and the congress of judges of Ukraine.
HCJ responded to a notification from judges of the Kyiv appellate court on interference in their professional activity
The HCJ decided to address the Makarivska village council regarding taking measures on preventing the deputy from actions that can be seen as an influence on judges and interference in their activity concerning administering justice.
Procedure of secondment judges to six courts has begun
The HCJ, according to decisions of November 30, 2021, No. 2271/0/15-21, No. 2272/0/15-21 and No. 2273/0/15-21 announces the beginning of the procedure for seconding judges to:
the Solomianskyi district court of Kyiv – 7 judges;
the Vuhledarskyi city court of Donetsk region – 1 judge;
the Lysychanskyi city court of Luhansk region – 4 judges.
The HCJ, according to decisions of December 2, 2021, No. 2283/0/15-21, No. 2286/0/15-21 and No. 2287/0/15-21 announces the beginning of the procedure for seconding judges to:
the Leninskyi district court of Mykolaiv – 5 judges;
the Dzerzhynskyi district court of Kharkiv – 5 judges;
the Luhynskyi district court of Zhytomyr region – 1 judge.
Judges who expressed the wish to be seconded to the mentioned court 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.
30 years ago, the unity of Ukraine was demonstrated at the All-Ukrainian referendum
Acting Chairman of the HCJ Oleksii Malovatskyi participated in the plenary session of the Verkhovna Rada of Ukraine, aimed at hearing the annual message of the Head of the state on the internal and external condition of Ukraine.
Commenting on the solemn event, the Acting Chairman of the HCJ emphasized that the All-Ukrainian referendum showed the unity of Ukraine, the general desire of Ukrainians to build an independent state, and also ruined imposed myth on regions difference.
Oleksii Malovatskyi: “CCJE notes that judicial councils should be protected from internal and external pressure”
Ukraine took an unprecedented path by adopting the Law of Ukraine No. 1635, according to which candidates for the positions of members of the High Council of Justice are pre-selected by the Ethics Council, and the compliance of the current members of the HCJ with the criteria of professional ethics and integrity is assessed. The Verkhovna Rada of Ukraine has created a mechanism that does not correspond to the general approaches to the independence of judicial councils set out in the new Opinion of the Consultative Council of European Judges No. 24.
This was emphasized by the acting Chairman of the HCJ Oleksii Malovatskyi during the presentation of the CCJE Opinion No. 24 “On the evolution of the councils for the judiciary and their role in independence and impartiality of the judiciary”, which was adopted by the Consultative Council of European Judges on November 5, 2021.
Opinions of the CCJE play a significant role in shaping the legal field of European states, which are the source of soft law. Oleksii Malovatskyi called Opinion No. 24 thorough and especially relevant in today's realities of new challenges facing the judiciary of Ukraine and judicial governance bodies.
High Council of Justice will make a submission to the President of Ukraine on appointing judge of the Luhansk circuit administrative court
On December 2, 2021, the HCJ decided to make a submission to the President of Ukraine on appointing ORLOVA Tetiana Oleksiivna to the position of the judge of the Luhansk circuit administrative court.
HCJ made a decision to terminate resignation of judge Anatolii Tselukh
The HCJ, during its session on December 2, 2021, decided to terminate the resignation of judge Tselukh Anatolii Petrovych due to entering into force of guilty verdict against him for committing an intentional crime. А. Tselukh was found guilty by part three of Article 368 of the CC of Ukraine, meaning extortion and obtaining illegal benefits for speeding up the trial of the case that was in his proceeding, and ruling a positive judgment in the interests of the third party on the side of the defendant.
Until the conviction enters into force, the judge has the right to resign
On December 2, 2021, the HCJ decided to dismiss Saraiev Ihor Anatoliiovych from the position of judge of the Prymorskyi district court of Mariupol of Donetsk region due to filling by him an application for resignation.
It should be clarified that opening and consideration of the criminal case is not the ground for refusal in satisfaction of an application for resignation. Currently, a guilty verdict concerning the judge is absent. Taking this into account, the HCJ did not have legal grounds for refusal in satisfaction of the application for resignation.
HCJ responded to notification of judge on a forged court decision
The HCJ decided to address the Prosecutor General’s Office on providing information on disclosure and investigation of a crime in criminal proceedings, entered to the URPI by signs of a criminal offense, envisaged by part one of Article 376 of the CC of Ukraine by facts, reported in the notification of judge of the Dzerzhynskyi district court of Kharkiv Diana Tsvira.
Activity of the HCJ secretariat for January – August of 2021 in numbers
During January – November 2021, the secretariat of the High Council of Justice has considered 2859 appeals 2859: 2524 – from individuals, 216 – from legal entities, 75 – from people’s deputies, Verkhovna Rada of Ukraine Committees, 44 – from community associations, and also 592 requests for information.
For eleven months of 2021 have been prepared 15 703 cover letters on sending to relevant institutions, judges, complainants of acts, approved by the High Council of Justice, Disciplinary chambers and HCJ members, 25 498 copies of acts of the HCJ and its bodies have been issued.
Prepared and published on the official website of the HCJ 754 news, 179 previews, 163 operational results of consideration of issues of the sessions’ agenda, 12 209 HCJ acts.
During January – November 2021 the HCJ made decisions on the dismissal of 192 judges
On general grounds 185 judges were dismissed, namely:
– due to submission of an application for resignation – 181;
– due to submission of application for voluntary dismissal – 4.
On special grounds 7 judges were dismissed, namely:
– for the commission of a serious disciplinary offense – 6;
– by the results of the qualification assessment judge was found as non-compliant with the position held (subitem 4 of item 161 of chapter XV “Transitional provisions” of the Constitution of Ukraine) – 1.
As of December 2, 2021, the actual number of judges in the courts of Ukraine – 5202 at a certain amount – 7304. Powers to administer justice have 4689 judges. 2102 judicial positions remain vacant.
Since the beginning of the year, the HCJ made submissions to the President of Ukraine on appointing 108 judges
During eleven months of 2021 the HCJ made decisions on making submissions to the President of Ukraine on appointing to positions 108 judges:
– to local general courts – 56 judges;
– to local administrative courts – 31 judges;
– to local commercial courts – 19 judges;
– to the Supreme Court – 2 judges.
Since the beginning of 2021, the HCJ has considered more than 300 notifications on interference in the activities of judges
Since the beginning of the year, the HCJ has received 246 notifications on interference in the professional activity of judges regarding administering justice, and actions that violate guarantees of independence of judges or undermine the authority of justice. Taking into account the notifications received in previous periods, in eleven months of 2021 the Council has considered 307 notifications.
By the results of consideration of 104 notifications on interference in the activity of judges regarding administering justice 86 decisions on taking response measures were made:
addressing prosecutor’s offices and law enforcement agencies on providing information on the disclosure and investigation of crimes;
making submissions to relevant bodies or officials on identification and prosecution of persons who have committed acts or committed inaction, etc.
Having considered 203 notifications from judges, the Council made 57 decisions on approving 192 opinions of the HCJ members on the lack of grounds for taking measures to ensure the independence of judges and the authority of justice.