1. HCJ received lists of candidates to the Competition Commission and Ethics council from international and foreign organizations
In response to a request, sent in pursuing the requirements of the legislation to international and foreign organizations, the High Council of Justice received a joint list of candidates to the first composition of the Competition Commission for participating in the selection of candidates to the composition of the High Qualification Commission of Judges of Ukraine and a joint list of candidates to the first composition of the Ethics council.
The list of candidates to the first composition of the Competition Commission for selection of candidates to the HQCJU and list of candidates to the first composition of the Ethics council for participation in the process of selecting candidates to the composition of the High Council of Justice can be found here.
2. During January – August 2021 the HCJ made decisions on dismissal of 114 judges
On general grounds 107 judges were dismissed, namely:
– due to submission of an application for resignation – 105;
– due to submission of application for voluntary dismissal – 2.
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.
3. Since the beginning of the year the HCJ made submissions to the President of Ukraine on appointing 81 judge
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 81 judges:
– to local general courts – 35 judges;
– to local administrative courts – 30 judges;
– to local commercial courts – 15 judges;
– to the Supreme Court – 1 judge.
4. Activity of the HCJ secretariat for January – August of 2021 in numbers
During January – August 2021, the secretariat of the High Council of Justice has considered 2023 appeals: 1789 – from individuals, 149 – from legal entities, 59 – from people’s deputies, Verkhovna Rada of Ukraine Committees, 26 – from community associations, and also 458 requests for information.
For the first eight months of 2021 have been prepared 15 157 cover letters on sending to relevant institutions, judges, complainants of acts, approved by the High Council of Justice, Disciplinary chambers and HCJ members, 23 815 copies of acts of the HCJ and its bodies have been issued.
5. Provisions of the draft law No. 5778 do not comply with the principles and norms of the Constitution of Ukraine
This is stated in an advisory opinion to the draft law “On making amendments to the Law of Ukraine “On the Judiciary and the Status of Judges” regarding the limitation of influence of judges that hold administrative office”.
In its advisory opinion, the HCJ emphasized that draft law No. 5778 violates the elective principle of all administrative positions in courts of all levels by judicial self-governance bodies (assembly of judges) as an important component of the guarantee of the independence of judges, limits the powers of the assembly of judges, in particular to independent collective resolve of the issue of electing judges to administrative positions, including among candidates who have experience in such positions.
Election of judges to administrative positions, determined by the current norms of the Law of Ukraine “On the Judiciary and the Status of Judges”, is the prerogative and preference of judicial self-governance bodies and a guarantee of the independence of judges and cannot be narrowed and limited in the proposed way.
The HCJ does not support draft law No. 5778, because its provisions do not comply with principles and norms of the Constitution of Ukraine, laws of Ukraine that regulate justice and status of judges, the practice of the European court for human rights and international standards.
6. HCJ made a decision on dismissal of 21 judges due to their applications for resignation
The High Council of Justice on September 14, 2021, decided to dismiss due to the submission of applications for resignation:
Bozhko Valentyna Viktorivna – from the position of the judge of the Kyivskyi district court of Kharkiv;
Strelchenko Tetiana Hryhorivna – from the position of the judge of the Novosanzharskyi district court of Poltava region;
Kutsan Volodymyr Mykhailovych – from the position of the judge of the Burynskyi district court of Sumy region;
Denysenko Nataliia Oleksandrivna – from the position of the judge of the Zhurivskyi district court of Kyiv region;
Zemliana Halyna Volodymyrivna – from the position of the judge of the Sixth appellate administrative court;
Kravtsov Serhii Oleksandrovych – from the position of the judge of the Veselivskyi district court of Zaporizhzhia region;
Kupavska Natalia Mykhailivna – from the position of the judge of the Melitopolskyi city district court of Zaporizhzhia region;
Lytvyn Larysa Ivanivna – from the position of the judge of the Yahotynskyi district court of Kyiv region;
Mischenko Tamara Mykhailivna – from the position of the judge of the Melitopolskyi city district court of Zaporizhzhia region;
Moroka Serhii Mykhailovych – from the position of the judge of the Berdiansk city district court of Zaporizhzhia region;
Pinchuk Valerii Ivanovych – from the position of the judge of the Kyiv commercial court;
Popras Viktor Oleksiiovych – from the position of the judge of the Kyivskyi district court of Kharkiv;
Pushkariova Svitlana Pavlivna – from the position of the judge of the Vasylivskyi district court of Zaporizhzhia region;
Saraniuk Liudmyla Pavlivna – from the position of the judge of the Irpin city court of Kyiv region;
Urupa Iryna Volodymyrivna – from the position of the judge of the Melitopol city district court of Zaporizhzhia region;
Yarkina Svitlana Vasylivna – from the position of the judge of the Zaporizhzhia district court of Zaporizhzhia region;
Mazai Nataliia Viktorivna – from the position of the judge of the Monastyrschenskyi district court of Cherkasy region.
The High Council of Justice on September 16, 2021, decided to dismiss due to the submission of applications for resignation:
Demianenko Iryna Volodymyrivna – from the position of the judge of the Liubotynskyi city court of Kharkiv region;
Yezhov Viktor Anatoliiovych – from the position of the judge of the Chervonozavodskyi district court of Kharkiv;
Zhupanova Iryna Borysivna – from the position of the judge of the Shevchenkivskyi district court of Zaporizhzhia;
Nosyk Mykola Anatoliiovych – from the position of the judge of the Vasylivskyi district court of Zaporizhzhia region.
7. HCJ and NAU strengthen cooperation
On September 13, 2021, the High Council of Justice and the National aviation university signed a Memorandum on cooperation.
The Memorandum provides two-sided cooperation in the sphere of legislation analysis, holding scientific and scientific and practical events, methodical and methodological assistance.
8. Since the beginning of 2021 the HCJ has considered more than 200 notifications on interference in the activities of judges
Since the beginning of the year, the HCJ has received 197 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 half of the year, the Council has considered 221 notifications.
By the results of consideration of 68 notifications on interference in the activity of judges regarding administering justice 56 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 153 notifications from judges, the Council made 32 decisions on approving 143 opinions of the HCJ members on the lack of grounds for taking measures to ensure the independence of judges and the authority of justice.
9. HCJ received from the CJU list of candidates to the Competition Commission to the position of a member of the HQCJU
The High Council of Justice received the list of candidates to the position of a member of the Competition Commission for holding a competition on a position of a member of the High Qualification Commission of Judges of Ukraine by the quota of the Council of Judges of Ukraine.
On September 13, 2021, the session of the Council of Judges of Ukraine was held. By the results of voting the necessary amount of votes got:
Miezientsev Yevhen Ihorovych – judge, Deputy Chief Judge of the Sixth appellate administrative court.
Mischenko Ivan Serhiiovych – judge of the Commercial Cassation Court within the Supreme Court.
Verlanov Serhii Mykolaiovych – judge of the Kyiv appellate court.
10. Analysis of the gender composition of HCJ employees was carried out
The gender composition of employees was analyzed at the High Council of Justice.
As of September 1, 2021, 196 (72 %) women and 75 (28 %) men work in the Council, including members of the High Council of Justice, employees of the HCJ secretariat and inspectors service.
Of the 17 members of the High Council of Justice, 47% (8) are women and 53% (9) are men.
11. HCJ will make a submission to the President of Ukraine on appointing a judge to the Khmelnytskyi circuit administrative court
On September 16, 2021, the High Council of Justice decided to make a submission to the President of Ukraine on appointing Dranovskyi Yaroslav Vasyliovych to the position of the judge of the Khmelnytskyi circuit administrative court.
12. Procedure of secondment judges to two courts of Vinnytsia has begun
The High Council of Justice, according to decisions of September 16, 2021, No. 2008/0/15-21 and No. 2009/0/15-21 announces the beginning of the procedure for seconding judges to:
Smilianskyi city district court of Cherkasy region – 1 judge;
Dzerzhynskyi city court of Donetsk region – 6 judges.
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. The list of mentioned documents is here.
13. Larysa Shvetsova participated in the judicial forum “Administration of justice in the context of armed conflict in eastern Ukraine”
Member of the High Council of Justice Larysa Shvetsova noted that the work of judges in courts, located in Luhansk and Donetsk regions, is extremely responsible and valuable because they have a duty to administer justice in armed conflict conditions.
Larysa Shvetsova drew attention to the problems caused by insufficient funding: “The courts of Donetsk and Luhansk regions applied to the HCJ and reported a lack of funds to pay salaries to court staff”. And she reminded that in order to ensure the payment of salaries to employees of local and appellate courts by the end of 2021, taking into account incentive payments of at least 20% of salary, on September 9, 2021, the Council decided to approve appropriate redistribution of state budget expenditures in terms of courts and territorial departments of the SJA. According to her, on September 16, 2021, the HCJ also approved the redistribution of funds, which came to the special fund from the court fee. Larysa Shvetsova noted that the Council takes all measures dependent on it to ensure the administration of justice in the courts. In particular, on November 19, 2020, the High Council of Justice seconded two judges to the Stanychno-Luhanskyi district court of Luhansk region by temporary transfer. Due to this, the administration of justice in this court was restored.
14. High Council of Justice supports legal initiative on restoring a disciplinary function of the Council
This is emphasized by the High Council of Justice in the advisory opinion to the draft law No. 5836 “On making amendments to the Section II “Final and transitional provisions” of the Law of Ukraine “On making amendments to certain legal acts of Ukraine on the procedure of election (appointment) to positions of members of the High Council of Justice and the activities of disciplinary inspectors of the High Council of Justice”.
The draft law No. 5836 eliminates legal uncertainty, caused by the adopted Law of Ukraine No. 1635-IX, unblocks the work of the High Council of Justice in the part of the realization of Council’s powers regarding disciplinary proceedings concerning judges until the disciplinary inspectors of the High Council of Justice start to exercise their powers, determined by the Law of Ukraine No. 1635-IX, and regulates an issue of the evaluation of current members of the High Council of Justice. As the advisory opinion states, the adoption of this draft law will ensure the continuity of work of the HCJ, and prevent violation of the terms of consideration of disciplinary complaints and limitation of the rights of participants in disciplinary proceedings.
The High Council of Justice supports the reviewed draft law No. 5836.
15. Acting Chairman of the High Council of Justice Viktor Hryshchuk signed the order of September 17, 2021, which appointed the first composition of the Competition Commission that will select members of the HQCJ of Ukraine
As follows, the HCJ fulfilled the requirement of the Law of Ukraine regarding appointing members of the first composition of the Competition Commission for holding the competition to positions of a member of the High Qualification Commission of Judges of Ukraine.
The Competition Commission included:
- Robert Broekhuijsen – former Special Prosecutor in the Serious Fraud Office of the Dutch Prosecution Service;
- Ted Zarzeczny – retired judge of the Court of Queen’s Bench of Saskatchewan;
- Stephen Markman – retired Chief Justice of the Michigan Supreme Court;
- Verlanov Serhii Mykolaiovych – judge of the Kyiv appellate court;
- Miezientsev Yevhen Ihorovych – judge, Deputy Chief Judge of the Sixth appellate administrative court;
- Mischenko Ivan Serhiiovych – judge of the Commercial Cassation Court within the Supreme Court.