Acting Chairman of the High Council of Justice Vitalii Salikhov, members of the Council Oksana Blazhivska and Inna Plakhtii emphasized the need to immediately resume the work of the judicial governance body and continue to perform its constitutional functions.
They appeal to the subjects of the HCJ formation and call on the President of Ukraine, the Verkhovna Rada of Ukraine, the Congress of Judges of Ukraine, the Congress of Lawyers of Ukraine, the All-Ukrainian Conference of Prosecutors, the Congress of Representatives of Higher Education and Scientific Institutions to take all necessary measures to fill vacancies according to the quota of each of them.
The High Council of Justice as a constitutional body is one of the most important institutions of the judiciary, which according to the law, shall operate in Ukraine on a permanent basis to guarantee the independence of the judiciary, its functioning on the grounds of responsibility, accountability before the society, to guarantee establishing of an honest and highly professional judicial corps in compliance with the provisions of the Constitution and the laws of Ukraine, as well as with the professional ethics in the functioning of judges and prosecutors.
As of today, out of 21 members of the High Council of Justice, only three members continue to work, who by decision of the Ethics Council are recognized as meeting the criteria of professional ethics and integrity, as well as the President of the Supreme Court (ex officio).
In the absence of a plenipotentiary composition, it is impossible for the High Council of Justice, as a collegial body, to perform the functions and powers determined by the Constitution of Ukraine and the Laws of Ukraine “On the High Council of Justice”, “On the Judiciary and the Status of Judges”.
It should be recalled that Law No. 2128-ІX temporarily entrusted the exercise of certain powers of the HCJ to the President of the Supreme Court, and part of the functions were transferred to the State Judicial Administration of Ukraine.
However, other extremely important functions of the HCJ are currently blocked, without which the full functioning of the justice system is impossible. In particular: consenting to the detention of a judge or keeping him/her in custody, making decisions on the temporary suspension of a judge from the administration of justice in connection with bringing to criminal liability, including in criminal proceedings on the fact of treason and collaborationism; resolving issues on forwarding to the President Ukraine submission on appointment of judges, dismissal of judges from offices. Without the authorized composition of the HCJ, it is impossible to form the High Qualifications Commission of Judges of Ukraine, which determines the staffing of courts, it is impossible to fulfil the requirements of Law No. 1635-IX and form the Service of Disciplinary Inspectors. In addition, the High Council of Justice currently has more than five thousand disciplinary complaints against the actions of judges, requiring consideration and adoption of relevant decisions within the time limits specified by law.
The uninterrupted operation of the entire branch of the judiciary in a state of martial law is extremely important, given the tasks and challenges that have arisen for Ukraine and the justice system, including because of military aggression by the Russian Federation. The High Council of Justice is a key link in ensuring the stability of the judiciary. Fulfilment of its functions in full is the key to the implementation of state power by all constitutional institutions.
Considering the above, the Acting Chairmen of the High Council of Justice Vitali Salikhov, members of the Council Oksana Blazhivska and Inna Plakhtii call on each of the subjects of delegation to speed up selection procedures and ensure the restoration of the full functioning of the constitutional body of judicial governance.