1. Oleh Prudivus: Social guarantees of judges and employees of apparatus of courts – one of the important components of the independence of the judiciary
This was emphasized by the HCJ member Oleh Prudivus during the All-Ukrainian forum “Society and law”.
“Social guarantees for judges and court employees – it is one of the components of their independence and the independence of the entire judiciary. After all, how much the judiciary and each judge will feel their independence and will be protected, in particular socially, so will the citizens who apply to the court be protected”, – noted the HCJ member.
The HCJ member noted that in 2021 due to critical underfunding, there is a massive outflow of personnel from the courts, without whom the administration of justice is impossible.
2. Electronic judiciary in action: three IJITS subsystems (modules) officially start functioning in Ukraine
On October 5, 2021, separate subsystems (modules) of the Integrated Judicial Information and Telecommunication System began to function officially.:
- “E-cabinet”;
- “E-court”;
- videoconference subsystem.
Please note that in order to successfully use the services in accordance with the requirements of current procedural law, lawyers, notaries, private executors, arbitration trustees, judicial experts, state bodies, local self-government bodies and economic entities of the state and communal sectors of the economy mandatory must register official e-mails in the IJITS.
3. HCJ dismissed three judges
On October 5, 2021, the High Council of Justice decided to dismiss due to the submission of applications for resignation:
- Borodiichuk Olha Ihorivna – from the position of the judge of the Brodivskyi district court of Lviv region;
- Hordienko Kostiantyn Mykhailovych – from the position of the judge of the Yuriivskyi district court of Dnipropetrovsk region;
- Sprynchuk Valerii Volodymyrovych – from the position of the judge of the Vinnytsia appellate court.
4. HCJ once again agreed on the redistribution of costs between the courts to pay salaries to staff
On October 5, the HCJ decided to approve the redistribution of state budget expenditures according to the codes of economic classification of expenditures 2111 “Salary” and 2120 “Accruals on salary payments”, which will increase the level of incentive payments to employees of the appellate courts in 2021 up to 37,6 % from official salary.
Currently, the level of incentive payments in these courts is 20% of the salary.
5. HCJ invites for the meeting of subjects of forming the Selection Commission for selection of members of the HQCJU
The HCJ takes all measures for the beginning of work of the Selection Commission for selecting members of the High Qualification Commission of Judges of Ukraine and invites them to discuss together aspects of the commission's work.
The HCJ invited all subjects of forming the first composition of the Selection Commission, which is formed for holding a competition to a position of member of the HQCJU and forming the list of candidates who meet the criteria of integrity and professional competence to meet for a working meeting on October 11, 2021.
6. The process of secondment judges to the Ustynivskyi district court of Kirovohrad region has begun
According to the decision of October 5, 2021, No. 2064/0/15-21 the HCJ announces the beginning of the procedure for seconding 1 judge to the Ustynivskyi district court of Kirovohrad region.
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.
7. Distrust to courts in Ukraine: an organized crisis or an objective reality – the results of the research on the activity of judicial governance are presented
Citizens' distrust to the judiciary is growing due to planned information campaigns that discredit the judiciary. During 2019-2021, numerous evaluative judgments "flowed" into the media, which misinformed people and influenced the distortion of public opinion. This was discussed during the briefing “Distrust to courts in Ukraine: an organized crisis or an objective reality”, devoted to the peculiarities of coverage of the activity of the HCJ, HQCJU and courts in 2019-2021.
The briefing was attended by the Acting Chairman of the HCJ Oleksii Malovatskyi, Head of Political and Legal Programs of the “Ukrainian Center for Social Development” Ihor Reiterovych, Head of the Rule of Law Committee of the National Bar Association of Ukraine Maryna Stavniychuk.
During the event, a monitoring study of the media field on the coverage of the activity of the HCJ and HQCJU in the period 2019-2021 was presented.
8. HCJ addressed the Prosecutor General’s Office on facts, notified by the judge of the Tsentralno-Miskyi district court of Kryvyi Rih of Dnipropetrovsk region
The HCJ decided to address ВРП the Prosecutor General’s Office on providing information on disclosure and investigation of a crime in the criminal proceeding, entered into the URPTI by signs of a criminal offense, provided by a part one of Article 376 of the CC of Ukraine, by facts, notified by the judge of the Tsentralno-Miskyi district court of Kryvyi Rih of Dnipropetrovsk region Roman Kuznetsov.
The judge considers that the actions of an official of the executive committee of the Tsentralno-Miska district council in Kryvyi Rih contain signs of interference in his professional activities, as they show abuse of power, neglect of the established guarantees of independence of judges, disrespect for the judiciary and an act aimed at interfering in the administration of justice by a judge during the consideration of a particular case.
9. HCJ reacted to the notification of the chief judge of the Avtozavodskyi district court of Kremenchuk of Poltava region on interference in the professional activity of judges
The chief judge of the Avtozavodskyi district court of Kremenchuk of Poltava region Obrevko Lina Oleksandrivna notified the HCJ that in the premises of the court an unknown object resembling a smoke fire sensor was found. The court's management suspected that the item could be an audio and video recording device illegally installed in the courtroom.
The HCJ decided to address the Prosecutor General’s Office on providing information on disclosure and investigation of a crime in the criminal proceeding, entered into the URPTI by signs of a criminal offense, provided by a part one of Article 359 of the CC of Ukraine, by facts, notified by the chief judge of the Avtozavodskyi district court of Kremenchuk of Poltava region L. Obrevko.
10. HCJ does not support the draft law that changes approaches to the remuneration of judges
The HCJ approved an advisory opinion to the draft law “On making amendments to the Law of Ukraine “On the Judiciary and the Status of Judges” concerning certain issues on providing judges” No. 5882.
It proposes to change the basic salary of a judge and the method of its calculation, as well as to postpone the indexation until March 1, 2025. Instead of determining the official salary in the subsistence minimum for able-bodied persons, the amount of which is set for January 1 of the calendar year, it is proposed to determine the basic level of the official salary in a fixed amount in UAH equivalent.
The HCJ does not support draft law No. 5882, as it contradicts the principle of the independence of the judiciary, norms of the Constitution of Ukraine, opinions of the Constitutional Court of Ukraine, international standards in the field of the judiciary and the status of judges, its adoption will lead to a narrowing of the content and scope of the rights and freedoms of judges and negatively affect the independence of judges and the authority of the judiciary.
11. HCJ temporary suspended judge Ihor Ratushniak from administering justice due to bringing him to criminal liability
The HCJ at its session on October 7, 2021, decided to temporarily, till November 17, 2021, suspend the judge of the Tyvrivskyi district court of Vinnytsia region Ihor Ratushniak from administering justice due to bringing him to criminal liability.
12. The HCJ supports the extension of the current territorial jurisdiction of the courts, – Serhii Bolotin
During the discussion of draft law No.5387 at the meeting of the Verkhovna Rada Committee on legal policy noted the HCJ member Serhii Bolotin.
The draft law suggests extending for one year the term of exercise by local courts of their powers within the previously determined (before the formation (liquidation) of districts in accordance with the Resolution of the Verkhovna Rada of Ukraine No. 807-IX) territorial jurisdiction, but not later than January 1, 2023.
“The High Council of Justice fully supports the draft law, because, despite the enormous work done, today the courts are not procedurally, materially or organizationally ready for consolidation”, – said Serhii Bolotin.