1. Thanks to the cooperation of the HCJ and the Ukrainian-Canadian Project, a number of ambitious initiatives have been implemented, – Oleksii Malovatskyi
Acting Chairman of the High Council of Justice Oleksii Malovatskyi during the meeting of the Steering Committee of the Ukrainian and Canadian project “Support to Judicial Reform”, devoted to the results of six years of activity, noted the fruitful cooperation of the High Council of Justice with the Project and thanked for the assistance in implementing ambitious initiatives.
According to him, in particular, the Project provided methodological assistance on consideration of disciplinary cases; due to fruitful cooperation with the Project, a methodology for analyzing budget requests and expenditures has been developed; the Project also provided assistance in conducting the first All-Ukrainian competition for writing a court decision among law students. Also, together with the Project, the gender aspect in the work of the HCJ was not left out of consideration.
2. Oleksii Malovatskyi: The draft law on the new network of courts must be preceded by an agreement of the position of judges
Acting Chairman of the HCJ Oleksii Malovatskyi during the field meeting of the Verkhovna Rada Committee on legal policy noted that the draft law on the new network of courts must be preceded by an agreement of the position of judges.
He emphasized that one of the determining factors that should be taken into account when developing a new network of courts is the state of transport. As a result of the reform, access to justice for citizens must be guaranteed in the first place.
Acting Chairman of the HCJ noted that in addition to solving organizational issues and the issue of the technical location of courts, due attention should be paid to legal and procedural aspects.
3. 10 judges dismissed
On September 21, 2021, the HCJ decided to dismiss due to the submission of applications for resignation:
Verhopul Kostiantyn Viktorovych – from the position of the judge of the Illichivskyi city court of Odesa region;
Hubar Valentyna Stanislavivna – from the position of the judge of the Chernihiv appellate court;
Valihura Dmytro Mykolaiovych – from the position of the judge of the Holosiivskyi district court of Kyiv;
Sementsov Yurii Vadymovych – from the position of the judge of the Kyiv appellate court;
Khandurin Vitalii Viktorovych – from the position of the judge of the Dobropilskyi city district court of Donetsk region.
On September 23, 2021, the HCJ decided to dismiss due to submission of applications for resignation 4 judges:
Bechko Yevhen Mykolaiovych – from the position of the judge of the Chernihiv appellate court;
Popova Svitlana Anatoliivna – from the position of the judge of the Donetsk appellate court;
Serzhaniuk Anatolii Semenovych – from the position of the judge of the Kyiv appellate court;
Tsvitailo Pavlo Viktorovych – from the position of the judge of the Kotelevskyi district court of Poltava region.
Also, the High Council of Justice decided to dismiss due to the submission of application for voluntary dismissal of Danyliuk Uliana Tymofiivna from the position of the judge of the Khmelnytskyi circuit administrative court.
4. Oleh Prudivus: HCJ is maximally focused on resolving court financing issues
Member of the High Council of Justice Oleh Prudivus participated in the meeting of the working group on ensuring adequate funding for the judiciary in Ukraine, formed in the Verkhovna Rada Committee on legal policy.
He pointed out that the High Council of Justice maximally focused on solving court financing issues. Thus, according to the SJA of Ukraine, it has already approved more than one redistribution of funds to avoid a critical situation.
In particular, on September 9, 2021, the High Council of Justice decided to approve relevant redistribution of expenditures of the state budget in the part of courts and territorial departments of the SJA in total 229 504,8 thousand UAH due to the reduction of budget allocations in the direction of expenditures “Judicial remuneration fund for newly appointed judges and dismissed judges”.
In case of redistribution of funds by the Ministry of finances of Ukraine, approved by the HCJ, court staff will be able to receive a salary until the end of this year, taking into account incentive payments of at least 20% of salary. Oleh Prudivus expressed hope to reach an agreement with the Ministry of Finance on this issue and noted that reserves need to be found to increase incentive payments.
5. HCJ reacted on notification from judges of the Vyshhorodskyi district court of Kyiv region on interference in their professional activity
The HCJ decided to pay attention of officials of the Slavutych city council of Kyiv region on the inadmissibility of actions, provision of public comments by officials of this local self-government body, which can be regarded as undue influence on judges in the administration of justice, which undermines the independence of the judiciary and negatively affects the authority of justice.
6. HCJ will address the Parliament’s committee on rules of procedure and the Prosecutor General’s Office regarding interference in the activity of judges
The HCJ received the notification from judges of the Southwestern appellate commercial court on interference in their activity as judges regarding administering justice. The actions of the assistant to the People's Deputy of Ukraine became the basis for the judges' notification, namely the publication on social networks of distorted and unreliable information. At the same time, the format and content of some messages were supported by the People's Deputy of Ukraine himself, and therefore, he regarded them as permissible and appropriate behavior. By the results of consideration of the mentioned issue the HCJ decided to address the Verkhovna Rada Committee on issues of the Rules of Procedure, deputy’s ethics and organizational work of the Verkhovna Rada of Ukraine concerning taking measures to prevent a People's Deputy from taking actions that may be regarded as interference in the activities of judges in the administration of justice, and also the Prosecutor General’s Office on providing information on disclosure and investigation of a crime in the criminal proceeding, opened by the notification of judges of the Southwestern appellate commercial court.
7. Viktor Hryschuk expressed proposals to the draft Criminal Code of Ukraine
HCJ member, doctor of law Viktor Hryshcuk during the V Kharkiv international legal forum made proposals to the draft Criminal Code of Ukraine.
HCJ member noted as a new positive feature of the draft is the presence in it of the section "Principles of the Criminal Code of Ukraine". According to him, the content of each of them is optimal.
Viktor Hryshcuk considers that it is inexpedient to include in the book three "General part" of the draft code the section "Criminal record" because it is a way of a kind of stigmatization, branding of man, typical for totalitarian states.
According to HCJ member, book three “About criminal legal means and their application” should be supplemented by section 3.11 "Application of criminal remedies against foreign nationals and stateless persons".
Apart from that, the HCJ member proposed a number of other additions to the draft code.
8. HCJ will make a submission to the President of Ukraine on appointing two judges
On September 23, 2021, the High Council of Justice decided to make a submission to the President of Ukraine on appointing:
Levchenko Andrii Mykolaiovych – to the position of the judge of the Dobropilskyi city district court of Donetsk region;
Bestachenko Olena Leonidivna – to the position of the judge of the Commercial court of Kirovohrad region.
9. HCJ reacted to interference in the activity of a judge of the Shevchenkivskyi district court of Kyiv
The HCJ decided to address the Prosecutor General’s Office on the need to ensure the verification of the circumstances, notified by the judge of the Shevchenkivskyi district court of Kyiv.
On the eve of the court hearing, at night, the judge received on her personal mobile phone messages and calls threatening her and her family members.
The HCJ considers that the actions of an unknown person who called the judge's personal number and sent SMS messages regarding the consideration of the case that was in her proceeding are not consistent with the provisions of part six of Article 48 of the Law of Ukraine “On the Judiciary and the Status of Judges” regarding the obligation to respect the independence of the judge and not encroach on it and are inadmissible.
10. HCJ addressed the Prosecutor General’s Office on interference in the activity of a judge of the Dobropilskyi city district court of Donetsk region
Judge of the Dobropilskyi city district court of Donetsk region addressed the HCJ with the notification on interference in her activity as judge regarding administering justice.
According to the judge, the claimant in a civil case which is in her proceeding, in his comments to the videos he posted on the YouTube channel, he discredits her as a judge, as well as damages the authority of the judiciary, creating in society a misconception of the illegality of the judge's actions and of the activity of the Dobropilskyi city district court of Donetsk region in general. Apart from that, the claimant filed to the police an application on bringing the judge to criminal liability on Article 109 of the CC of Ukraine.
Taking into account the above, the HCJ made a decision to address the Prosecutor General’s Office on providing information on disclosure and investigation of a crime in the criminal proceeding, entered into the Unified register of pre-trial investigations by signs of a criminal offense, provided by part one of Article 376 of the CC of Ukraine, by facts, stated by the judge of the Dobropilskyi city district court of Donetsk region.