1. Activity of the HCJ secretariat in numbers since the beginning of 2021
During January – October 2021, the HCJ secretariat has considered 2590 appeals: 2285 – from individuals, 197 – from legal entities, 69 – from people’s deputies of Ukraine and Verkhovna Rada committees, 39 – from community associations, and also 550 requests for information.
For the first ten months of 2021 have been prepared 15 530 cover letters on sending to relevant institutions, judges, complainants of acts, approved by the High Council of Justice, Disciplinary chambers and HCJ members, 24 909 copies of acts of the HCJ and its bodies have been issued.
2. Representatives of state institutions emphasize the need for resumption of work of the HQCJU
In order to ensure the effective work of the courts, it is necessary to resume the work of the HQCJ of Ukraine as soon as possible and to provide adequate staffing. This is emphasized by representatives of various state institutions in their comments to the Annual report on ensuring judicial independence in Ukraine.
An acute problem is the critical shortage of staff in the courts, the main reason for which was the termination of powers of members of the HQCJ of Ukraine in November 2019.
In general, the shortage of judges is 29% of the approved staff (2094 judicial positions). Of the 7,304 full-time judicial positions, 5,210 have actually been filled, of which 4,659 judges have powers. At present, the number of judges administering justice in Ukraine is only 64% of the approved number of positions of judges. Besides, more than 2,000 judges remain those who have not completed the qualification assessment procedure.
An annual report on ensuring judicial independence in Ukraine for 2020 was sent for acquaintance to courts, bodies of the justice system, law enforcement agencies, profile public associations, scientific institutions, etc. Currently, the HCJ has been analyzing the proposals and comments to the document. The biggest concern among those who submitted their proposals was the situation regarding the lack of staff in the courts, and the HCJ's efforts to resume the work of the High Qualification Commission of Judges of Ukraine were praised.
3. During January – October 2021 the HCJ made decisions on dismissal of 185 judges
On general grounds 178 judges were dismissed, namely:
- due to submission of an application for resignation – 175;
- due to submission of application for voluntary dismissal – 3.
On special grounds 7 judges were dismissed, in particular:
- 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.
4. Since the beginning of the year the HCJ made submissions to the President of Ukraine on appointing 93 judges
During the first eight months of 2021 the High Council of Justice made decisions on making submissions to the President of Ukraine on appointing to positions 93 judges:
- to local general courts – 42 judges;
- to local administrative courts – 31 judges;
- to local commercial courts – 18 judges;
- to the Supreme Court – 2 judges.
5. Regarding the formation of the first composition of the Ethics Council
The HCJ Chairman shall appoint members of the first composition of the Ethics Council no later than five days after the expiration of the term allotted for the submission of the lists of recommended candidates from all subjects of formation of the Ethics Council.
Currently, the Chairman of the High Council of Justice has not been elected. If the HCJ Chairman was elected and approved the composition of the Ethics Council, then he would not be able to pass the vetting because of a conflict of interests.
This situation violates the principle of equality of HCJ members. In order to avoid complications regarding the functioning of the Ethics Council, which arose due to the imperfection of legislative regulation, the issue of forming the first composition of the Ethics Council should be resolved in accordance with current legislation.
On November 3, 2021, the Constitutional Court of Ukraine opened a proceeding on the case by the constitutional submission from the Supreme Court.
6. HCJ will make a submission to the President of Ukraine on appointing 7 judges
On November 9, 2021, the HCJ decided to make a submission to the President of Ukraine on appointing to positions to local courts:
- Lyndiuk Vitalii Stepanovych – to the position of judge of the Vatutinskyi city court of Cherkasy region;
- Bezkrovnyi Ihor Hryhorovych – to the position of judge of the Kreminskyi district court of Luhansk region;
- Zhuravel Tamara Serhiivna – to the position of judge of the Sieverodonetsk city court of Luhansk region;
- Kuchakovskyi Yurii Serhiiovych – to the position of judge of the Drohobytskyi city district court of Lviv region;
- Oleksiienko Oleksandr Yuriiovych – to the position of judge of the Illinetskyi district court of Vinnytsia region;
- Shkamerda Kateryna Serhiivna – to the position of judge of the Holovanivskyi district court of Kirovohrad region;
- Knysh Alla Volodymyrivna – to the position of judge of the Krasnohvardiiskyi district court of Dnipropetrovsk.
7. HCJ reacted to notification of judges of the Selydivskyi city court of Donetsk region on interference in their professional activity
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 and security of the premises of the Selydivskyi city court of Donetsk region, and also to the Prosecutor General’s Office on providing information regarding disclosure and investigation of a crime in criminal proceedings, opened by the fact of knowingly false report of mining of the Krasnoarmiiskyi city district court of Donetsk region and the Selydivskyi city court of Donetsk region.
8. HCJ addressed the Prosecutor General’s Office on the facts, notified by a judge of the Seredyno-Budskyi district court of Sumy region
Judge of the Seredyno-Budskyi district court of Sumy region Temirov Cherkas Mukailovych notified about the threats, accusation of a judge of unreasonable and illegal stay in the courtroom, related to the ruling in this case and is an interference in the activity of a judge regarding administering justice.
The HCJ decided to address the Prosecutor General’s Office on providing information regarding disclosure and investigation of a crime in criminal proceedings, entered in the Unified register of pre-trial investigations by the signs of a criminal offense, provided by a part one of Article 377 of the CC of Ukraine, by facts, notified by the judge of the Seredyno-Budskyi district court of Sumy region.
9. List of candidates for election HCJ members by the Congress of representatives of high educational and academic institutions
The HCJ secretariat notifies about the ending of receiving documents from candidates to positions of HCJ members for being elected by the Congress of representatives of high educational establishments and academic institutions, which will take place on December 10, 2021.
According to part six of Article 9 of the Law of Ukraine “On the High Council of Justice” here is a published list of candidates to positions of members of the High Council of Justice from the Congress of representatives of high educational establishments and academic institutions:
- OREL Liliia Vasylivna
- HRABOVSKA Oksana Oleksandrivna
- MOSKVYCH Lidiia Mykolaivna
- KHAVRONIUK Mykola Ivanovych
- YAROTSKYI Vitalii Leonidovych
- YULDASHEV Serhii Oleksiiovych
- LUKIANOV Dmytro Vasyliovych
- HOROKH Oleksii Petrovych
- MELENKO Serhii Havrylovych
The venue of holding the Congress of representatives of high educational establishments and academic institutions has been determined the National academy of legal sciences of Ukraine at the address: Kharkiv, Pushkinska street 70.
10. Procedure of secondment judges to two more courts has begun
The HCJ, according to decisions of November 9, 2021, No. 2191/0/15-21, 2193/0/15-21 announces the beginning of the procedure for seconding judges to another court of the same level and specialization for administering justice, namely to:
- Oleksandriiskyi city district court of Kirovohrad region – 6 judges;
- Dzerzhynskyi city court of Donetsk region – 6 judges.
Judges who expressed the wish to be seconded to mentioned courts 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.
11. The term of granting judges’ consent for secondment to three courts has been extended
The HCJ, according to decisions of November 9, 2021, No. 2192/0/15-21, No. 2194/0/15-21 and No. 2195/0/15-21 extended the term for granting judges’ consent for seconding to the Ordzhonikidzevskyi city court of Dnipropetrovsk region, Talnivskyi district court of Cherkasy region and the Dobropilskyi city district court of Donetsk region till November 19, 2021.
Judges who expressed the wish to be seconded to mentioned courts must submit to the HCJ necessary documents.
12. HCJ reacted to the notification of the chief judge of the Prymorskyi district court of Odesa on interference in his professional activity
The HCJ decided to address the Prosecutor General’s Office concerning the checking of circumstances in the notification of the judge, chief judge of the Prymorskyi district court of Odesa S. Kichmarenko on interference in his activity as a judge concerning administering justice.
The notification says about publications in Internet network that contain false data and confidential information, and the observation, which can be seen as pressure on the judge.
13. Since the beginning of 2021 the HCJ has considered 272 notifications on interference in the activities of judges
Since the beginning of 2021, the HCJ has received 223 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 the first ten months of 2021 the Council has considered 272 notifications.
By the results of consideration of 84 notifications on interference in the activity of judges regarding administering justice 72 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 188 notifications from judges, the Council made 43 decisions on approving 177 opinions of the HCJ members on the lack of grounds for taking measures to ensure the independence of judges and the authority of justice.
14. HCJ granted its consent on the detention of judge of the Chernihiv circuit administrative court under custody