In 2022, the HCJ received 128 reports on interference with the professional activities of judges in the administration of justice, on actions that violate the guarantees of judicial independence or undermine the authority of justice.
In particular, 114 reports were received from judges of local courts, 7 reports – from judges of courts of appeal, 3 reports – from judges of the Supreme Court and the High Anti-Corruption Court, 1 report – from the Territorial Department of the State Judicial Administration of Ukraine.
According to the analysis carried out, the number of reports on interference with the activities of a judge regarding the administration of justice in the regional context is as follows. The largest number of reports came from courts located in Kyiv and Kyiv region (32 reports) and Dnipropetrovsk region (25 reports). The fewest such reports came from judges of Vinnytsia, Zakarpattia, Ivano-Frankivsk, Kherson, and Chernivtsi regions (2 reports each); Sumy, Chernihiv regions (1 message each).
No reports were received by the HCJ from judges of Luhansk, Mykolaiv, Ternopil, Khmelnytskyi regions, the Autonomous Republic of Crimea and the city of Sevastopol.
This is stated in the Information and Analytical Report on Activities of the HCJ in 2022.
The High Council of Justice considered 47 reports of judges on interference with the administration of justice (taking into account the reports received for previous periods) in 2022.
By results of consideration of 15 reports, decisions were made to take response measures:
- applying to the prosecutor's office and law enforcement bodies to provide information on disclosure and investigation of crimes;
- making to the relevant authorities or officials submission on detection and bringing to established by law liability of persons, who committed an action or omissions, and others.
With regard to 32 reports of judges, decisions were made to approve opinions of the HCJ members on the absence of grounds for taking measures to ensure the independence of judges and the authority of justice.
In addition, pursuant to the requirements of the Law of Ukraine “On making amendments to Section XII “Final and Transitional Provisions” of the Law of Ukraine “On the Judiciary and the Status of Judges” regarding ensuring sustainable functioning of the judiciary in the absence of the plenipotentiary composition of the High Council of Justice” No. 2128-IX, the President of the Supreme Court considered 39 reports on interference with the activities of judges in the administration of justice and adopted 21 decisions on refusal to take measures to ensure the independence of judges and the authority of justice and 17 decisions on taking measures to ensure the independence of judges and the authority of justice.
It should be noted that Article 129 of the Constitution of Ukraine provides that judges shall be independent when administering justice and Article 376 of the Criminal Code of Ukraine provides for responsibility for interference with the administration of justice.
It should be pointed out that the independence and inviolability of a judge are guaranteed by the Constitution and laws of Ukraine, and Article 376 of the Criminal Code of Ukraine provides for criminal liability for interference in any form with activity of a judge for the purpose of preventing him/her from performance his/her official duties or obtaining an unlawful judgment.
In accordance with the Law of Ukraine “On the High Council of Justice”, the HCJ shall make to the relevant bodies or officials submission on detection and bringing to determined by law liability of persons, who committed actions or omissions that violate the guarantees of judicial independence or undermine the authority of justice.