This was said by the Chairman of the High Council of Justice Hryhorii Usyk at the meeting of the EU Project “Право-Justice ІІІ” Steering Committee, during which the first report of the Project’s third phase was discussed, as well as the results of cooperation with the Ukrainian authorities in the field of justice and the judiciary were summarized.
Answering the moderator’s question on fulfilling a disciplinary function by the High Council of Justice, the HCJ Chairman Hryhorii Usyk noted that since November 1, 2023 (from the time of restoration of a disciplinary function), till the end of 2023, 14 004 disciplinary complaints were registered. More than 4 thousand complaints were received during January–June 2024. The average number of complaints received per month is about 700, with HCJ members reviewing 900 complaints per month on average. Between November 2023 and June 2024, about 5 thousand disciplinary complaints were considered.
By the results of consideration of disciplinary complaints, Disciplinary chambers of the HCJ made 65 decisions on bringing judges to disciplinary liability. In particular, the following penalties were applied, as a warning – regarding 31 judges, reprimand with the deprivation of the right to receive additional payments to the salary during one month – regarding 10 judges, severe reprimand with the deprivation of the right to receive additional payments to the salary during three months – regarding 8 judges, submission for temporary suspension from administering justice – regarding one judges, submission for dismissal of a judge – regarding 17 judges.
One of the criteria that influence the efficiency of consideration of disciplinary complaints, Hryhorii Usyk named the unfilled composition of the HCJ –17 HCJ members instead of 21 members, determined by law. Such a situation often leads to the lack of quorum during consideration of certain important issues, for example, the consideration of appeals from judges to decisions of Disciplinary Chambers or decisions on making a submission to the President of Ukraine on appointing judges to positions.
The HCJ Chairman drew attention to the lack of judges in Ukrainian courts: “The HCJ decided to make submissions to the President of Ukraine on appointing 357 judges, at the same time in 2023–2024 more than 450 judges dismissed. The ensurement of the rule of law and citizens’ access to justice with such a catastrophic shortage of judges, is problematic. That is why the main attention of the High Qualification Commission of Judges of Ukraine and the High Council of Justice should be focused on the issue of filling judicial corps”.
Hryhorii Usyk emphasized: “The European Union will be the most demanding on issues of Ukraine’s implementation of the European integration process in terms of promoting judicial reform in accordance with the negotiated Chapter 23 “Judiciary and Fundamental Rights””.
The HCJ Chairman expressed gratitude to international partners, in particular EU Project “Право-Justice”, for providing methodological and material and technical support and assistance on the European integration path. He also noted that the trust of international partners in the activities of those constitutional bodies of Ukraine in the field of justice that have recently resumed their work and their understanding of the problems of the judiciary of our country are extremely valuable.
The member of the Verkhovna Rada Committee on Legal Policy Pavlo Pavlish focused attention, in particular, on the issue of the lack of premises, including premises for the Service of Disciplinary Inspectors. He talked about the plans on forming the working group which shall address the Cabinet of Ministers of Ukraine regarding providing this Service with the premises and with all the necessary.
“If we conduct the competition, select the best people, but do not provide them with workplaces, do not create them working conditions, then all reforms will be nullified”, – emphasized the people’s deputy.
Judicial Reform Component Lead of the Project Volodymyr Chaban noted that during the reporting period, the High Council of Justice was provided with assistance in the form of expert support. In particular, Project experts were members of working groups, for example on the development of integrity indicators, the generalization of disciplinary practice. Apart from that The EU Project “Право-Justice” promoted the development of the cooperation between the HCJ and the European Network of Councils for the Judiciary, in particular regarding the participation of the HCJ in events and meetings of the ENCJ working groups, and also organized the visit of representatives of the High Council of Justice for participation as observers in the work of the General Assembly of the European Network of Councils for the Judiciary, which took part in Rome on June 12–14, 2024.