1. The HCJ dismissed four judges
On October 19, 2021, the HCJ decided to dismiss due to the submission of applications for resignation:
Yaroshenko Andrii Hryhorovych – from the office of judge of Komunarskyi district court of Zaporizhzhia;
Dykunska Svitlana Yaroslavivna – from office of judge of Pivnichnyi economic court of appeal;
Klochko Inna Vasylivna – from the office of judge of Desnianskyi district court of Kyiv.
On October 2021 the HCJ decided to dismiss due to submission of application for resignation Hutsal Ivan Pavlovych from the office of judge of the court of appeal of Lviv.
2. The HCJ agreed on appeal to the Ministry of Finance regarding distribution of excess court revenues from the payment of court fees to local and appellate courts
In order to provide courts with critical consumption and development expenditures as soon as possible, the HCJ decided to approve the appeal of the State Judicial Administration of Ukraine to the Ministry of Finance of Ukraine with submission on amendments to the schedule regarding the distribution of the increase in planned indicators for the special fund of the state budget within the additional needs of local courts and courts of appeal in consumption costs in the amount of UAH 34734,3 million and development costs in the amount of UAH 38 108,7 million. Details here.
The HCJ invited subjects of formation of the first composition of the Selection Commission, which is established to hold a competition for the position of a member of the High Qualification Commission of Judges of Ukraine and to form a list of candidates who meet the criteria of integrity and professional competence for the next working meeting on October 25, 2021. In particular, the HCJ appealed to the Council of Judges of Ukraine and to the Delegation of the European Union to Ukraine to ensure the participation of the members of the first composition of the Selection Commission appointed by the order of the Acting Chairman of the HCJ Viktor Hryshchuk dated September 17, 2021.
The HCJ takes all measures to resume the work of the HQCJU. Therefore, in order to establish contact with members of the first composition of the Selection Commission during the meeting, it is planned to discuss urgent issues related to the successful launch of its work.
The High Council of Justice, according to its decisions of October 19, 2021, No. 2096/0/15-21 extended the term for granting consent by judges for secondment to the Ustynivskyi district court of Kirovohrad region until October 30, 2021.
Judges who expressed the wish to be seconded to the mentioned court must submit until October 30, 2021, to the High Council of Justice necessary documents. The list of mentioned documents is here.
The HCJ appealed to the Chairman of the Verkhovna Rada of Ukraine, to heads of parliamentary factions and groups with the proposal to hear in the Parliament the Annual Report for the year 2020 “On ensuring judicial independence in Ukraine” near future.
The Strategy for the Development of Judiciary and Constitutional Justice for 2021-2023, approved by the Decree of the President of Ukraine of 11 June 2021 №231/2021, provides an introduction in practice of comprehensive discussion of Annual Report on ensuring judicial independence in Ukraine.
6. Procedure of secondment judges to three more courts has begun
The High Council of Justice, according to its decisions of October 19, 2021, 2093/0/15-21, 2094/0/15-21, 2095/0/15-21 announces the beginning of the procedure for seconding judges to another court of the same level and specialization to administer justice, in particular to:
Vasylkivskyi district court – 1 judge;
Selydivskyi local court of Donetsk region – 3 judges;
Ananiivskyi district court of Odesa region – 1 judge.
Judges who expressed the wish to be seconded to the 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. The list of mentioned documents is here.
7. The HCJ discussed aspects of introduction of Electronic Justice
On October 20, 2021, it was held a regular meeting of the Coordination Committee for execution and implementation of a digital project in the field of justice, created at the initiative of the HCJ. During the meeting, the proposals and comments of courts on the operation of particular subsystems (modules) of the IJITS were discussed. In addition, a list of priority subsystems (modules) of the IJITS was presented, which are planned to be developed (finalized, modernized) if there are sufficient budgetary allocations in 2022.
8. The HCJ decided to forward to the President of Ukraine submission on appointment of three judges
On October 21, 2021, the HCJ decided to forward to the President of Ukraine submission on appointment to local courts:
MYHALEVYCH Valerii Volodymyrovych – to the position of judge of Dzerzhynskyi local court of Donetsk region;
TSIPYVKO Iryna Ihorivna – to the position of judge of Novobuzkyi district court of Mykolaiv;
PUKAS Anton Yuriiovych – to the position of judge of Economic court of Kyiv.
9. Backstage of the HCJ: visit of students of Kyiv Borys Grinchenko University
The HCJ was visited by second-year students of the Faculty of Law and International Relations of Kyiv Borys Grinchenko University to learn more about the work of the Council.
Future lawyers had the opportunity to personally communicate with the Acting Chairman of the HCJ Oleksii Malovatskyi and employees of the Council Secretariat. During the meeting, future lawyers got acquainted in detail with the specifics of the work of the constitutional body. The event was held in compliance with quarantine requirements.
The HCJ fruitfully cooperates with higher educational institutions in scientific and educational spheres. The HCJ has signed memoranda of cooperation with Ukraine's leading higher education institutions that train lawyers.
10. The HCJ agreed on the redistribution of budget expenditures between courts
In order to ensure the payment of judicial remuneration for actually working judges in the manner and amount determined by the Law of Ukraine “On the Judiciary and the Status of Judges”, the HCJ on October 21, 2021, decided to agree on the redistribution of state budget expenditures under the ECCE 2113 “Judicial Remuneration” in the context of courts in accordance with the proposal of the State Judicial Administration of Ukraine.
The need to redistribute expenditures of the State budget arose in connection with personnel and other changes in courts that occurred during 2021.
In particular, this is due to dismissal, secondment of judges to other courts to administer justice, changes in the components of judicial remuneration, granting of parental leave to judges, etc.
Judge of the Pereiaslav-Khmelnytskyi local-district court Kyiv region, Dmytro Svoiak, learned about forgery of appeals regarding the prosecutor's non-compliance with the criteria of competence, professional ethics and integrity, actions of the prosecutor to perform duties in court proceedings were sent on his behalf to the eighth personnel commission of regional prosecutor's offices on attestation of prosecutors of local prosecutor's offices, military prosecutor's offices of garrisons.
The HCJ decided to apply to the Prosecutor General's Office regarding the need to verify the circumstances reported by the judge of the Pereiaslav-Khmelnytskyi local-district court of Kyiv region, in compliance with Article 19 of the Constitution of Ukraine and Article 214 of the CPC of Ukraine.
The HCJ has also decided to address to the Prosecutor General’s Office on providing information on disclosure and investigation of a crime in a criminal proceeding, entered into the URPTI under Article 343 of the CC of Ukraine, by facts, notified by the judge.
12. The new Chairman of the Supreme Court took the oath of a member of the HCJ
On October 22, 2021, the Plenum of the Supreme Court by secret ballot elected a new Chairman of the Supreme Court – Secretary of the Grand Chamber of the Supreme Court, Judge Vsevolod Kniazev. In the first round, he was supported by 98 judges of the Supreme Court.
The Chairman of the Supreme Court is an ex-officio member of the High Council of Justice and takes the oath of a member at a session of the Plenum of the Supreme Court at which he was elected to this position. A member of the High Council of Justice acquires powers from the moment of taking the oath, but not earlier than the day following the day of expiration of powers of the respective member of the HCJ.
Vsevolod Kniazev will take the post of the Chairman of the Supreme Court and, accordingly, ex-officio member of the HCJ from December 1, 2021, after the end of the term of the current Chairperson of the Supreme Court Valentyna Danishevska.