It should be emphasized that the position of the High Council of Justice regarding the possibility of acquisition of foreign citizenship by a judge is unambiguous – acting in the name of Ukraine, a judge can only have the citizenship of our state. The holding of another citizenship that proven in the manner specified by the legislation is the basis for termination of his/her powers.
Article 126 of the Constitution of Ukraine clearly provides that the authority of a judge shall be terminated in case of acquisition of foreign citizenship. In addition, Article 121 of the Law of Ukraine “On the Judiciary and the Status of Judges” states that powers of a judge shall be terminated in case of acquisition by a judge of any foreign citizenship, with the effect from the day when any such termination of the Ukrainian citizenship or acquisition of foreign citizenship occurred.
The HCJ members are extremely concerned with the impossibility of making decisions in critical situations in the circumstances that prevailed during the war in front of the judicial system. The lack of authority of the highest body of judicial governance threatens the stability of the judicial system and the security of the entire state.
The current members have repeatedly addressed publicly and in writing to the subjects of formation of the Council and emphasized the need to take measures as soon as possible to resume the work of the HCJ. In addition, understanding the likely lengthy procedures for delegating new members, parliamentarians were offered a real mechanism – for a transitional period, to temporarily grant the right to make decisions on sensitive issues, in particular, regarding judges exercising their powers and retired judges, that require an urgent response from current members who have been passed integrity check and able to collectively assess the situation in the legal manner.
Feeling a high responsibility for fulfilling entrusted powers, the current members keep track of all notifications and are ready to respond to them in the manner provided for by the Constitution of Ukraine and laws. At the same time, they rely on the grounded evidence base provided by the authorized bodies in the proper order and following all procedures.
The High Council of Justice once again calls on all subjects of delegation to form full composition. In the absence of an authorized constitutional body of judicial governance, state power cannot be fully exercised.