The HCJ, together with the European Union Civil Security Reform Advisory Mission of Ukraine (EUAM in Ukraine), has developed unified recommendations for all courts in Ukraine on safe work under quarantine conditions. In connection with the aggravation of the epidemiological situation in the country, the HCJ calls on all judicial institutions to strictly comply with instructions of the recommendations based on international experience and domestic developments.
The document addresses the following aspects:
• access to justice;
• organization of working process;
• anti-epidemic measures indoors and in the workplace
2. Procedure of secondment judges to five courts has begun
The High Council of Justice, according to its decisions of October 21,26, 28, 2021, announces the beginning of the procedure for seconding judges to another court of the same level and specialization to administer justice, in particular to:
- Talnivskyi district court of Cherkasy region – 1 judge.
- Оrdzhonikidzevskyi local court of Dnipropetrovsk region – 1 judge.
- Lubenskyi local-district court of Poltava region – 3 judges;
- Sviatoshynskyi district court of Kyiv – 3 judges;
- Dobropilskyi local-district court of Donetsk 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.
In its letters to the subjects of the formation of the Selection Commission the Council asked to ensure the presence of members nominated by international and foreign organizations at the meeting on October 25, 2021. However, despite providing all conditions for online participation the members of the Selection Commission informed on the impossibility of participating in the meeting.
The working meeting on October 25, 2021, as well as the previous one, held on October 11, 2021, was attended by members of the Selection Commission from the Council of Judges of Ukraine and representatives of the subjects of the election of Commission's members from both sides.
4. The HCJ will forward a submission to the President of Ukraine on appointment of 4 judges
On October 26, 2021, the HCJ decided to make a submission to the President of Ukraine on appointment to the positions in local courts:
- Zinchenko Anna Serhiivna – as a judge of Pavlohradskyi local-district court of Dnipropetrovsk region;
- Skrypnyk Serhii Mykolaiovych – as a judge of Svativskyi district court of Luhansk region;
- Panchuk Mykola Valeriiovych – as a judge of Kreminskyi district court of Luhansk region.
On October 28, 2021the HCJ decided to make a submission to the President of Ukraine on appointment of Hlushchenko Nataliia Mykolaivna – as a judge of Chornukhinskyi district court of Poltava region.
5. The HCJ dismissed 7 judges
On October 26, 2021, the HCJ made the decision to dismiss due to application for resignation:
- Holovatiuk Liubomyr Dmytrovych – from office of judge of Economic court of Kyiv;
- Shiliak Maryna Anatoliivna – from office of Economic court of Ivano-Frankivsk region;
- Lyzenko Ilona Vasylivna – from the office of judge of Popasnianskyi district court of Luhansk region;
- Bohachenko Serhii Ivanivych – from the office of judge of Lvivskyi administrative court of appeal;
- Verkhovets Anatolii Anatoliiovych – from office of judge of Pivnichnyi economic court of appial;
- Sydorenko Zoia Serhiivna – from the office of judge of Dubrovytskyi district court of Rivne region.
On October 28, 2021, the HCJ decided to dismiss due to the application of resignation Marenych Svitlana Oleksandrivna from the office of Yuriivskyi district court of Dnipropetrovsk region.
On October 26, 2021the HCJ decided to approve amendments to the Rules of Procedure of the Council.
Changes have been made to Chapter 5-1 of the Rules of Procedure concerning consideration by the Council of issues related to the holding of a competition for the position of a member of the High Qualification Commission of Judges of Ukraine, appointment and dismissal of members of the HQCJ of Ukraine.
The amendments are due to the need to resolve some procedural issues, in particular, in connection with the entry into force of the Law of Ukraine No. 1629-IX “On Amendments to the Law of Ukraine “On the Judiciary and the Status of Judges” and some laws of Ukraine on the resumption of the work of the High Qualification Commission of Judges of Ukraine”.
This decision was another step taken by the HCJ to resume the work of the HQCJU.
7. The High Council of Justice warns of inconsistencies in the OECD Monitoring Report of Ukraine
On October 25, 2021, an online discussion of the draft Monitoring Report of Ukraine by the Anti-Corruption Network of the Organization for Economic Cooperation and Development (OECD) took place. Acting Chairman of the HCJ Oleksii Malovatskyi took part in the discussion, provided comments and remarks in the part dedicated to the independence of the judiciary. He noted that the HCJ could not support the report due to the presence of erroneous statements in it.
“The submitted draft Report contains a large number of errors, allegations that do not correspond to the laws of Ukraine and real facts. This makes it impossible to perform the main monitoring function - to provide an adequate assessment of the situation. Indeed, on the basis of erroneous facts, we will come to erroneous conclusions”, said Oleksii Malovatskyi.
The High Council of Justice, according to its decisions of October 26, 2021, № 2130/0/15-21 extended the term for granting consent by judges for secondment to the Lukhinskyi district court of Zhytomyr region until November 5, 2021 – 1 judge.
Judges who expressed the wish to be seconded to the said court must submit until November 5, 2021, to the High Council of Justice necessary documents. The list of mentioned documents is here.
9. The HCJ will cooperate with Borys Hrinchenko Kyiv University: a memorandum has been signed
In order to cooperate in educational, scientific and career guidance activities, a memorandum was signed between the HCJ and the Faculty of Law and International Relations of Borys Grinchenko Kyiv University.
Within the framework of the Memorandum cooperation will be intensified in the following areas: analysis of legislation, organization of scientific and practical events, methodological support, involvement of students in the judiciary for practice and internships, participation of the HCJ members in the educational process of the faculty, including lectures and workshops.
The HCJ received the notification from the judge of the Amur-Nyzhniodniprovskyi district court of Dnipropetrovsk Bohun O.O. on interference in her activity as judges regarding administering justice and activities of the court in general.
The court ruling satisfied the application for securing the claim by prohibiting the Executive Committee of the Dnipro City Council and/or any other structural unit of the City Council and/or public utilities or institutions from performing any actions aimed at dismantling advertising structures.
The next day after the ruling, near the courthouse, employees of the PU “Dniprovodokanal” carried out technical work, after which the water supply was cut off in the courthouse.
A pre-trial investigation has been initiated on the facts specified in the judge's report. The HCJ decided to apply to the Office of the Prosecutor General to provide information on disclosure and investigation of a crime in criminal proceedings entered into the URPTI.
11. The HCJ addressed to the Prosecutor General’s Office on facts, notified by the judge of the Sosnivskyi district court of Cherkasy
Judge of the Sosnivskyi district court of Cherkasy Tatiana Troian informed the HCJ that after she had declared the decision to impose detention on the suspect, he had repeatedly threatened her with murder and violence.
The HCJ made a conclusion on the existence of grounds for taking measures to ensure the independence of judges and the authority of the judiciary, as defined by Article 73 of the Law of Ukraine “On the High Council of Justice”.
The HCJ decided to apply to the Office of the Prosecutor General to provide information on disclosure and investigation of a crime in criminal proceedings entered into the URPTI based on the application of the judge of the Sosnivskyi district court of Cherkasy.