According to paragraph 56 of section XII “Final and Transitional Provisions” of the Law of Ukraine “On the Judiciary and the Status of Judges” during the period of a state of emergency or martial law and within 30 days after the day of its cancellation (termination) and in the absence of the authorized composition of the High Council of Justice, defined by Article 131 of the Constitution of Ukraine, the President of the Supreme Court shall decide on the secondment of a judge to another court of the same level and specialization and on the early termination of judge’s seconding.
Today, taking into account the indicated powers, the President of the Supreme Court receives numerous appeals regarding the secondment of judges. This matter is systematically addressed, in particular, by collecting and analysing of staff information, information on actual number of judges in local courts and courts of appeal; expediency of increasing the number of full-time positions and, accordingly, redistributing budgetary expenditures is being studied.
Next week, about April 11, 2022, it is planned to publish announcement with an indicative list of courts that requiring staff replenishment.
Based on the results of consideration of their applications, it is planned to adopt a systemic decision on the temporary secondment of judges, which will take into account both the needs of the courts and the will of judges.