The High Council of Justice, as constitutional body, is one of the most important institutions of the judiciary. Its constant predictable work positively influences the condition of administering justice in the state.
The Council is plenipotentiary in case of election (appointment) to position of at least fifteen members, the majority of which are judges (including retired judges) and taking the oath. On January 26 and February 23, 2022, the powers of the most of members of the High Council of Justice have been terminated due to their dismissal from the position by their own will, as a result, since February 24, 2022, the plenipotentiary composition has been absent. After amendments to the legislation, part of the Council’s powers were transferred to other bodies in the justice system.
At the same time, Viktor Hryshchuk, Oksana Blazhivska, Inna Plakhtii, Vitalii Salikhov, the Chairman of the Supreme Court Vsevolod Kniaziev continue working in the Council’s composition. Since the moment of the implementation of the martial law, members of the High Council of Justice did not stop activity for a day and actively responded to challenges that arose in front of the state and the judiciary.
These activities of members of the High Council of Justice were conducted by such main directions:
I. Initiating the political and legal reaction of the international community to russia's war crimes in Ukraine. Consolidate efforts to gather evidence to punish aggressors.
- Members of the High Council of Justice on February 28, 2022, addressed the European Network of Councils for the Judiciary and asked colleagues to request from governments of sky “closure” over Ukraine; apply more strict sanctions against RF and its officials and business; provide military, economic and humanitarian assistance to Ukraine.
- Together with polish colleagues – Head of the State Tribunal of the Republic of Poland, professor Małgorzata Manowska and judge of this Court professor Krzysztof Wiak discussed the aspects of assistance in opening a proceeding in the International Criminal Court and the beginning of the procedure of bringing to liability leaders of russia and Belarus for committing genocide, military crimes and crimes against humanity on Ukrainian land. As it is known, the Republic of Poland has become one of the first among almost 40 states, that applied to the International Criminal court on the beginning of investigation of Russian criminal actions in Ukraine. As a result of which, the main prosecutor of the International Criminal Court Karim Khan initiated a proceeding on this case and arrived personally in Ukraine with a group of investigators for investigating military crimes and crimes against humanity, committed by the aggressor.
- On March 11, 2022, an appeal to the High Councils of Justice of the European Union with the request to support Ukraine in its aspiration to become an EU member was sent. The Council asked to support Ukraine in our aspiration to become a member of the European Union and address the governments of their countries to pass this procedure as quick as possible.
- On March 14, 2022, the High Council of Justice called for an international community on applying efficient mechanisms of counteraction to world threat and protect Ukraine. Council’s members called governments of leading world countries and international organizations to take resulting measures for termination of the genocide of Ukrainian people by putin regime and actively join in assistance to Ukraine in combating the world threat.
- On March 26, 2022, the appeal of the High Council of Justice appeared to the United Nations High Commissioner for Human Rights Michelle Bachelet and the Director of the OSCE Office for Democratic Institutions and Human Rights Matteo Mecacci with the request to immediately initiate an issue on excluding the Russian federation from the composition of the UN and OSCE.
- On April 05, 2022, members of the High Council of Justice addressed with the call to condemn on the international level misanthropic ideology of "rashism" to prevent the existence and development of such a shameful phenomenon in the civilized world.
In response to appeals to European colleagues, the High Council of Justice received the support from such countries and organizations:
- Judicial Council of the Slovak Republic and the Superior Council of Magistracy of the Republic of Moldova.
- Judicial Initiative for Open Judiciary (ZOJ).
- Network of Presidents of the Supreme Courts and the European Network of Councils for the Judiciary
- The Permanent Commission of the Spanish General Council for the Judiciary, the National Judicial Council of Hungary and the Judicial Council of Latvia and others.
Mentioned bodies condemned the military invasion of Ukraine, committed in gross violation of international law, contrary to fundamental human rights and expressed their support to judges, the legal community and the people of Ukraine.
7. On March 09, 2022, the High Council of Justice called for registration and notification about war crimes of RF. Members of the Council addressed judges, retired judges, all employees of bodies of the justice system and Ukrainian citizens, who are witnesses of war crimes of the Russian Federation against civilians and other crimes, with the call to record and send such evidence to official state resources to gain victory in the legal area.
8. On March 11, 2022, the High Council of Justice signed a joined application of the legal community on suspension of execution judgments in favor of russia. The application states that in conditions of the threat looming over the world because of Russia's act of aggression, the world’s community of judges, arbitrators and lawyers consider that the judgments of courts, arbitration and other jurisdictional bodies on any civil or commercial cases, made in favor of the Russian Federation can be recognized and forcibly executed until the final cessation of aggression and elimination of its consequences.
II. Initiation and participation in events on settlement of problematic issues of the functioning of the judiciary
1. The High Council of Justice initiated a holding of weekly working meetings with the Chairman of the Supreme Court, heads of the State Judicial Administration of Ukraine, the Council of Judges of Ukraine, the Court Security Service. Participants regularly discuss the current state, analyze sharp issues and develop joint approaches to solve issues.
2. Members of the High Council of Justice take active participation in meetings of working groups on the financing of the judiciary, established in the VRU Committee on legal policy issues, where they analyze the influence of decreasing the amount of funding for the judiciary and coordinate ways to optimize expenses during martial law.
III. Establishing and coordinating cooperation with Polish colleagues to provide humanitarian assistance to our country.
A number of consultations were held with the Head of the State Tribunal of the Republic of Poland, professor Małgorzata Manowska and the judge of this Court professor Krzysztof Wiak. They agreed on assistance in forming convoys to Ukraine, on reporting truthful information about a critical situation, caused by military aggression. Judges and court employees of different regions of the Republic of Poland actively joined in the collection and provision of humanitarian aid for the needs of the military and civilian population in Ukraine. Members of the High Council of Justice constantly coordinated the receipt and redirection of assistance to the military, doctors, citizens. Joined the work of humanitarian headquarters.
IV. Assistance to Ukrainian soldiers, temporarily displaced citizens.
1. Members of the High Council of Justice and employees of the secretariat from the first day of occupants’ invasion, assist military bases of the Armed Forces of Ukraine, volunteer fighters, territorial defense fighters - transfer of own funds, organization, collection and delivery of two-way, telephones, personal protective equipment, medicines, food and other.
2. Based on internal administrative acts, monthly deductions are made for the needs of the Ukrainian Army.
3. The High Council of Justice handed over two cars to the Armed Forces for use - an Iveco Turbo Daily minibus and a Ford Mondeo car.
4. Members of the High Council of Justice provide organization and consultative assistance to temporarily displaced citizens from the combat zone (organization and provision of evacuation from hot spots to other areas and abroad; providing shelter, humanitarian aid, accommodation of people in other regions of Ukraine, legal aid, etc.).
On settlement of issues that fell within the competence of the HCJ
Issues of secondment of judges and response to interference in the activity of judges
Currently, after amends to the legislation, the SC Chairman makes a decision on secondment of a judge to another court of the same level and specialization and on the early termination of secondment of judge, and also holds the inspection of notifications from judges on interference in the activity of a judge concerning the administration of justice, publishes the results and make relevant response decisions. The secretariat of the High Council of Justice provides organization, information and reference and other support to the activity of the Chairman of the Supreme Court in the part of carrying out the powers of the High Council of Justice. The secretariat prepared draft decisions of the Chairman of the Supreme Court on prolongation the term of secondment of a judge for administering justice, and also notifications from judges on interference in their activity regarding administering justice are being processed.
Issue of consideration of disciplinary complaints needs to be addressed
On August 05, 2021, the Law of Ukraine No. 1635-IX “On making amendments to certain legal acts of Ukraine concerning the procedure of election (appointment) to positions of members of the High Council of Justice and the activity of disciplinary inspectors of the High Council of Justice” entered into force. It provides the activity of the disciplinary inspectors’ service as a separate structural unit. Disciplinary chambers of the High Council of Justice have not considered disciplinary complaints about judges’ actions since August 5, 2021. Currently, 5231 disciplinary complaints have been registered in the HCJ (946 of them have been received since the beginning of the year). This issue is relevant and needs to be addressed.
The official website of the HCJ included information on the activity of the secretariat, and also a number of decisions made by the Council on the dismissal of judges were given, as well as considered notifications on interference in the activity of judges concerning administering justice for the mentioned period.
More details on the activities of the High Council of Justice in martial law conditions can be found on its website: https://hcj.gov.ua/