On August 15, 2022, Mykola Moroz was appointed by the Verkhovna Rada of Ukraine as a member of the High Council of Justice and took an oath of a HCJ member. Has a scientific level of candidate in legal sciences, he is a docent of the civil law of the Yaroslav Mudryi National Law University.
We suggest to your attention the flash interview of Mykola Moroz, in which he talked about the tasks and priorities in the work on the position of the HCJ member.
What are your priorities in the position of the HCJ member?
There has always been a demand for accessible and fair justice in society. That is why as the HCJ member I will put all efforts into ensuring the efficient work of the judicial system, independence of the judiciary and strengthening of trust of society in judicial bodies. I consider it necessary to pay maximum attention to communication with the public. People need to know what is happening in the judicial system, what problems the judiciary faces, and how we solve them.
How your professional experience as a scholar can be applied while your work at the HCJ?
I hope that my knowledge and experience, acquired for the years of teaching, scientific and practical activities, will be most useful to society and the state. I have considerable baggage of theoretical knowledge and experience of its practical usage, have the method of scientific research and analysis of domestic and European legislation. Of course, applying of world’s experience and scientific achievements in the sphere of judicial organization will help me in the work at the position of the HCJ member.
What principles guide you in your work?
In the work I am guided, first of all, by principles of honesty, objectivity, conscientiousness, justice, openness. Apart from that, the great meaning for me has universal human values. This is what we choose for ourselves, what influences our actions and decisions.
What tasks the HCJ has to solve in the nearest future and in the long-term perspective?
The primary tasks of the High Council of Justice that need to be solved, in my opinion, are the formation of the High Qualification Commission of Judges of Ukraine and the restoration of its work, the overcoming of staff shortage in the judiciary, the improvement of financing of the judicial system. Besides, one of the primary tasks is the formation of the disciplinary inspectors’ service, ensuring the equity and transparency of the practice of bringing judges to disciplinary liability. The Council performs important functions, therefore there is a lot of work.
What, in your opinion, is the most difficult part of the work of a HCJ member?
In the view of little time of working here, I can say that the most difficult is that the member of the High Council of Justice, after acquiring the powers at mentioned position since the moment of taking the oath, does not have the possibility to realize them [powers] due to the lack of the legally defined quorum of the constitutional body. Especially acute the lack of the full-fledged functioning of the HCJ is sensed in the period of martial law. I hope that HCJ members will be appointed and elected for the vacant positions as soon as possible and the Council will perform its functions.
Which functions, except for existent, should be granted the HCJ?
It is necessary to grant the High Council of Justice the right of legislative initiative. I consider it one of the effective ways of solving difficult issues of the judiciary and an efficient lever for the realization of constitutional powers of the Council.
What challenges will arise in front of the judiciary and the HCJ after the war?
First of all, the restoration of access to justice on deoccupied territories. Currently, a lot of courts have been destroyed. According to the information from the SJA of Ukraine, since the beginning of the full-scale armed aggression of the russian federation against Ukraine on February 24, 2022, 89 premises of 85 judicial institutions have been damaged to varying degrees.
Courts will consider a lot of cases regarding military crimes. And this is within the existing shortage of judges in almost all courts.
We will have to make decisions concerning judges who violated the judge’s oath of loyalty to Ukrainian people and got involved in collaboration with occupants. Unfortunately, such cases exist.
It will be also necessary to overcome problems, connected with the staff shortage in courts, and solve an issue of adequate financial support for judicial institutions.
Photo: Yaroslav Mudryi National Law University