Today, on June 9, 2023, a member of the High Council of Justice Oksana Blazhivska gave a welcome speech at the Conference “Freedom of Expression for Judges and the Role of Judicial Associations in the Democratic Rule of Law State”, jointly organized by the EU Project “Pravo-Justice” and the Directorate of Programme Coordination of the Council of Europe in the framework of the project “Ensuring the effective implementation of the right to a fair trial in Ukraine” (Article 6 of the ECHR) in Ukraine”.
As Oksana Blazhivska noted during her speech, the High Council of Justice has been granted the observer status in the European Network of Councils of Justice which is an important step for Ukraine in the international arena.
In the context of the topic of the Conference, Oksana Blazhivska focused the attention of the participants on the fact that the High Council of Justice assures society of absolute and zero tolerance towards corruption and actions that undermine the authority of the judiciary. On June 8, the HCJ made a statement during its plenary session on ensuring the independence of judges and the authority of justice, in which it supported the statement of the Verkhovna Rada of Ukraine regarding manifestations of corruption in the judicial system.
The speaker pointed out that the formation of the High Qualification Commission of Judges of Ukraine is one of the main goals set by the President of Ukraine in the Strategy for the Development of the Justice System and the Constitutional Justice System for 2021-2023. Ukraine's preservation of the status of a candidate country for joining the European Union and the success of further negotiations regarding full membership depend on this decision. On June 1, 2023, the High Council of Justice appointed the full composition of the High Qualification Commission of Judges of Ukraine and unblocked the work of this key body responsible for the formation of the judicial corps.
The member emphasized that the resumption of the work of the HQCJ is a significant step towards restoring the trust of our citizens in the judicial branch of the government as without access to justice, sustainable and democratic development of the state is impossible.
There are many challenges that need to be solved before the renewed composition of the HQCJ.
The High Council of Justice hopes for the effective work of the HQCJ and emphasizes the need for improvement in the procedure for the selection of judges. The members of the HCJ actively participate in the improvement of the judge selection procedure. In particular, Oksana Blazhivska and the head of the relevant committee of the Verkhovna Rada of Ukraine are members of the parliamentary working group working on the optimization of these processes.
Oksana Blazhivska pointed out the need of restoring the disciplinary function of the HCJ as the consideration of disciplinary complaints is one of the most important powers of the Council, the absence of which does not allow the realization of society's expectations from judicial authorities.
She emphasized that the High Council of Justice expects the legislator to promptly adopt the draft law No. 9261, the implementation of which will allow the resumption of proceedings on the disciplinary responsibility of judges and ensure the start of work and functioning of the Service of Disciplinary Inspectors of the HCJ. Within its powers, the High Council of Justice provided an advisory opinion on the mentioned draft law.
The speaker noted that the formation of the future communication practice of the HCJ will undoubtedly be based on the recommendations outlined in the Consultative Council of European Judges (CCJE) Opinion No. 25 on the freedom of expression of judges' views. In her opinion, the conclusion raises an important issue of judges' communication in the social sphere, as well as their response to criticism of the judiciary by civil society.
The opinion provides the general guidelines for judges regarding the parameters which should be taken into account when judges exercise their right to freedom of expression both inside and outside the courtroom, including in the media and social media. However upon entering the position of a judge, a person takes an oath, which, among other things, provides for the observance of ethical principles and rules of conduct for a judge as stipulated in Article 58 of the Law “On the Judiciary and the Status of Judges”.
The member emphasized that criticism should have a necessary place in the society and in the government, however, it should not cross the boundaries and undermine the honor and dignity of the citizens, as well as the authority of the judicial authorities.
Oksana Blazhivska expressed her conviction that the judges should learn to accept society's comments regarding the judicial system's activities with dignity, as well as to respond to non-constructive criticism in a balanced and reasoned manner, which, in turn, will contribute to increasing the authority of the judicial authorities.
She remarked that when donning the judicial robe, it is important to carry the title of a judge with dignity, understand and feel the boundaries of what is permitted, adhere to ethical rules and understand the limits of disciplinary responsibility.
For reference. The work of the conference which will take place in Lviv on June 9-10, 2023 will be attended by the members of the HCJ Oksana Blazhivska, Inna Plakhtii, as well as Deputy Chairman of the High Qualification Commission of Judges of Ukraine Ruslan Sydorovych, representatives of the Supreme Court, the Council of Judges of Ukraine, the judges of the courts of Ukraine and the courts of other countries, international experts.