Deputy Chairman of the HCJ Dmytro Lukianov participated in the roundtable discussion “Rule of Law and Judicial Ethics in Judicial Training: Challenges and Tasks in the Context of European Integration”, organised by the EU Project “Pravo-Justice”.
In his speech, Dmytro Lukianov noted: “The key point in the activities of the HCJ is the application of norms of judicial ethics in the context of disciplinary liability, considering the rule of law principles, which consist of legal predictability and legal certainty.”
Dmytro Lukianov informed that for a year, since the resumption of the disciplinary function by the High Council of Justice, 136 judges were brought to responsibility, of which 49 under paragraph 3 of Article 106 of the Law of Ukraine “On the Judiciary and the Status of Judges”, and 40 judges were subjected to such sanction as motion for dismissal. Violations classified under this paragraph include driving a vehicle in a state of alcohol intoxication, extra-procedural communication with participants in the proceedings, collaboration with the occupation administration in the occupied territories, or acquisition of foreign citizenship.
In considering the grounds for bringing a judge to liability under this provision, the High Council of Justice, certainly, analyzes the judge's conduct through the prism of the standards set by the Code of Judicial Ethics, which are consistent with the Bangalore Principles of Judicial Conduct. These fundamental acts will soon be supplemented by another document, the Unified Indicators for Assessing Judicial Integrity and Professional Ethics, which, in accordance with legal requirements, should be approved by the High Council of Justice.
Dmytro Lukianov expressed the opinion that stability and predictability, which are components of the rule of law in the activities of any authority, including the High Council of Justice, should be ensured by the stability of disciplinary practice, when the same cases are classified in the same way, the same sanctions are applied to the same offences.
The rapporteur also noted that the Group of States against Corruption of the Council of Europe (GRECO) recommended formulating definitions of disciplinary offences in relation to the conduct of judges more clearly and specifically. Compliance with the GRECO recommendations is of great importance, as the European Commission takes into account the state of their implementation to assess Ukraine's progress in achieving the criteria for membership in the European Union.