The Secretariat of the High Council of Justice prepared a thorough and comprehensive synthesis of the practice of consideration by the HCJ of judges' notifications of interference in their activities in the administration of justice and other decisions of the HCJ on the adoption of measures to ensure judicial independence and the authority of justice in 2021. The document, consists of more than 150 pages, will help to form an idea about activities of the High Council of Justice in the exercise of powers in this area.
The summary analyzes in detail the legal basis for consideration by the body of the judicial governance notifications of judges on interference in their activities in the administration of justice. Complex of international and domestic norms regulating the issue of ensuring the independence of judges is given.
It was carried out comparative statistical analysis of the receipt of notifications from judges by years, in the context of jurisdiction of a court, by subjects of interference, by the grounds of applying to the HCJ.
A general review of judges’ notifications on interference received last year was carried out. In particular, it was analyzed variety of types and forms of interference in the activities of judges in the administration of justice in detail, with examples by:
- law enforcement bodies;
- people’s deputies, deputies of local councils, representatives of executive authorities and other persons;
- lawyers.
- citizens and their associations, mass media.
The summary contains overview of decisions taken by the High Council of Justice in 2021 following the consideration of notifications on interference. It describes the cases of approval conclusions of the HCJ members on absence of grounds for taking measures to ensure the independence of judges and the authority of justice.
It was also carried out the response analysis to the decisions taken by the High Council of Justice based on the results of consideration of judges’ notifications on interference.
The summary also refers to the decision of the High Council of Justice on taking other measures to ensure the independence of judges and the authority of justice. Opinions are drawn with reference to statistical data.
The HCJ notes that the independence of the judiciary is a prerequisite for ensuring law and order and the main guarantee of fair judgment of a case in court. Judges shall take their decisions completely independently and be able to act without restrictions, without undue influence, incitement, pressure, threats, unlawful direct or indirect interference, no matter from whose side and for what reasons these would be carried out. The Constitutional Court of Ukraine came to the conclusion that the independence of judges is an integral component of their status. It is constitutional principle of the organization and functioning of courts, as well as the professional activities of judges, who obey only the law when administering justice.