This was stated by the Chairman of the High Council of Justice, Hryhorii Usyk, in his speech at the event dedicated to the presentation of Opinion No. 27 (2024) of the Consultative Council of European Judges «On the Disciplinary Liability of Judges» and the Recommendations on the Judicial Independence and the Judicial Accountability (Warsaw Recommendations) of the OSCE Office for Democratic Institutions and Human Rights (ODIHR).
Hryhorii Usyk noted that both documents highlight important issues that are interconnected and directly relate to the powers of the High Council of Justice.
«The conclusions of the European institutions have a positive impact on judicial reform in Ukraine, bringing it closer to European standards, and eventually become an integral part of the functioning of the national judicial system», said the Head of the High Council of Justice.
The main principles of applying disciplinary liability to judges are as follows: disciplinary liability of judges is necessary to ensure trust in the judiciary; it should not undermine judicial independence; the lawful implementation of procedural actions and decision-making by a judge should not be a ground for bringing a judge to disciplinary liability; proportionality must be observed when imposing disciplinary sanctions.
The Chairman of the High Council of Justice emphasized that most of the recommendations of the CCJE Opinion on the disciplinary liability of judges are already reflected in our national legislation, and are being successfully implemented by the High Council of Justice and its Disciplinary Chambers and disciplinary inspectors. In particular, the bodies responsible for initiating, investigating and resolving disciplinary proceedings are separated. The Disciplinary Inspectors' Service conducts the preliminary review of complaints, and the decision is taken by the disciplinary body and the High Council of Justice in plenary session. A judge subject to disciplinary proceedings has the right to appeal against the decision of the disciplinary body to an independent court or a body established in accordance with the law under Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The CCJE Opinion No. 27 (2024) states that the scope of disciplinary liability should be clearly defined in order to comply with the principle of the rule of law. The law should clearly and, to the extent possible, specifically define the grounds on which disciplinary proceedings against judges may be initiated. Vague provisions (such as ‘breach of oath’ or «unethical behaviour») are subject to overly broad interpretation and abuse, which may be dangerous for the independence of judges.
It is extremely important to more clearly define disciplinary offences relating to the conduct of judges, as stressed in the recommendations of the Council of Europe Group of States against Corruption (GRECO) in the 4th round of evaluation on the work of anti-corruption bodies and the prevention of corruption in relation to MPs, judges and prosecutors. GRECO also noted that the phrase ‘norms of judicial ethics and standards of conduct that ensure public confidence in the court’ should be replaced with a clearer and more specific formulation of the corresponding offense.
Thus, as Hryhorii Usyk noted, the need to introduce relevant legislative changes is long overdue. As part of the development of the draft Rule of Law Roadmap, within the framework of the negotiation process of Chapter 23 «Judiciary and Fundamental Rights», one of the tasks, in particular for the High Council of Justice, is to improve the grounds and procedure for holding judges to disciplinary responsibility in accordance with European standards, such as adjusting paragraph 3 of part one of Article 106 of the Law of Ukraine «On the Judiciary and the Status of Judges» to clearly define the grounds on which disciplinary proceedings against judges may be initiated. The Verkhovna Rada Committee on Legal Policy is finalising this work.
As Hryhorii Usyk noted, in order to ensure the sustainability of disciplinary practice, transparency, and predictability of decisions in disciplinary proceedings, the HCJ has conducted a generalisation, which received positive feedback from GRECO. In addition to the second Compliance Assessment Report on Ukraine within the framework of the 4th evaluation round, the status of recommendations was changed from «not implemented» to «partially implemented».
The Chairman of the HCJ also emphasized that ensuring judicial independence is relevant not only for our national judicial system, but also for the judicial systems of all developed democratic states.
The judiciary finds it challenging to address these issues on its own. It is necessary to involve all branches of government – the legislative and executive, prosecutors and lawyers – in the discussion, especially representatives of non-governmental organizations that influence public opinion. Society, more than anyone else, should be interested in the independence of the judiciary, as the guarantee of judicial independence is a guarantee of fair and impartial resolution of court disputes, noted Hryhorii Usyk.
Denys Maslov, the Chairman of the Verkhovna Rada Committee on Legal Policy, noted that proper disciplinary procedures for judges are a guarantee of a balance between the independence of the judiciary on the one hand and accountability on the other.
He informed that the Legal Committee, together with representatives of the High Council of Justice and with the involvement of experts from the Council of Europe as consultants, had drafted a bill to more clearly define the grounds for disciplinary action against judges and the consequences of such action, as well as to protect judges from pressure through unjustified and unfounded complaints. The draft law has currently been submitted for registration.
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The event was organised on 14 March 2025 by the Supreme Court jointly with the Council of Europe Project «Support for the Judiciary in Ukraine in the Context of War and Post-War Period», the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR), the OSCE Support to Ukraine Programme within the framework of the projects «Support to the Supreme Court and Higher Courts in the Implementing Judicial Reform and Ensuring Access to Justice in during the War» and «Guaranteeing the Protection of Human Rights in the Administration of Justice (Phase II)», aimed to improve awareness among representatives of the judiciary, legislative and executive authorities, academics, and the public regarding the development of the Council of Europe standards in the field of justice.
Members of the High Council of Justice who participated in the event included Dmytro Lukianov, Tetiana Bondarenko, Oleh Kandziuba, Oksana Kvasha, Olena Kovbiy, Alla Kotelevets, Roman Maselko, Oleksii Melnyk, the Head of the Department for International Cooperation and Interaction with Public Authorities of the HCJ Secretariat Vladyslav Gurtenko, the Head of the Disciplinary Inspectors Service of the HCJ Taras Kuzyk, and his Deputy Viktoriia Nedybaliuk.
The event was also attended by judges of the Supreme Court, appellate and local courts, the Constitutional Court of Ukraine, representatives of the Council of Judges of Ukraine, the Verkhovna Rada Committee on Legal Policy, the Ministry of Justice of Ukraine, academics and representatives of non-governmental organizations and media, experts from the Council of Europe, the Advisory Council of European Judges, and the Organisation for Security and Cooperation in Europe.
CCJE Opinion No. 27 (2024) «On the Disciplinary Liability of Judges» – https://oqg-primary-prod-content.s3.us-east 1.amazonaws.com/uploads/pdf/1741782039986_67d17c0e27455.pdf;
OSCE Recommendations on the Independence of the Judiciary and the Accountability of Judges (Warsaw Recommendations)– https://oqg-primary-prod-content.s3.us-east-1.amazonaws.com/uploads/pdf/1741781355300_67d1794d5c404.pdf.