The High Council of Justice addressed the Minister of education and science of Ukraine Serhii Shkarlet with the request to assist the solving as soon as possible an issue regarding the determination of a date and place for the continuation of the congress of the representatives of legal higher education and scientific institutions to select the HCJ member by the Congress’s quota.
According to the Law of Ukraine “On the High Council of Justice” the Congress of representatives of legal higher education and scientific institutions elects two HCJ members.
It should be reminded that a break was announced in the work of the Congress, which began on December 10, 2021, because the conclusions on each candidate and the list of candidates recommended by the Ethics Council for election to the position of the HCJ member, as of the beginning of the Congress, had not been received.
On August 19, 2022, during the continuation of holding the Congress of representatives of legal higher education and scientific institutions Dmytro Lukianov was elected to the position of the member of the High Council of Justice.
Currently, there are seven plenipotentiary members in the High Council of Justice, including the Chairman of the Supreme Court, who is an ex-officio member of the Council. By the Congress’s quota, there shall be elected one more HCJ member for the vacant position.
Part eight of Article 13 of the Law of Ukraine “On the High Council of Justice” provides that date and place of holding of the Congress of representatives of legal higher education and scientific institutions shall be determined by the High Council of Justice, and in case of a lack of the sufficient number of elected (appointed) members of the Council required for this decision – by the central executive agency for education and science.
As it is known, currently the High Council of Justice is not plenipotentiary, which is why the performance of its powers provided by the Law of Ukraine “On the High Council of Justice”, including the determination of date and place of holding of the Congress of representatives of legal higher education and scientific institutions, is impossible.
Because of this, the High Council of Justice asks the Minister of education and science of Ukraine to take necessary measures to determine the date and place for continuation of holding of the Congress.
The holding of the Congress is extremely important due to the need to resume work of the High Council of Justice, especially in the period of the martial law.