Today, on March 22, 2022, enters into force adopted by the Verkhovna Rada of Ukraine of March 15, 2022, the Law of Ukraine “On making amendments to chapter XII “Final and Transitional provisions” of the Law of Ukraine “On judiciary and the status of judges” concerning the provision of the permanent functioning of the judiciary in the absence of the plenipotentiary composition of the High Council of Justice” No. 2128-ІХ.
According to provisions of the Law No. 2128-ІХ Chapter XII “Final and Transitional provisions” of the Law of Ukraine “On the Judiciary and the status of judges” have been added with items 55 and 56.
Item 56 of Chapter XII “Final and transitional provisions” of the Law of Ukraine “On the Judiciary and the Status of Judges” determines that temporary, during a state of emergency or martial law and during 30 days after the day of its cancellation (termination) and in case of absence of the plenipotentiary composition of the High Council of Justice, the Chairman of the Supreme Court or an acting Chairman of the Supreme Court carries out, in particular, such powers:
makes a decision on secondment a judge to another court of the same level and specialization and on the early termination of secondment of judge. While the absence of the plenipotentiary composition of the High Qualification Commission of Judges of Ukraine, such decisions should be made without the submission from the High Qualification Commission of Judges of Ukraine. The provisions of paragraph two of part two of Article 55 of this Law regarding the deadline of secondment of a judge are not applied;
holds the inspection of notifications from judges on interference in the activity of a judge concerning the administration of justice, publishes the results and make relevant decisions;
makes to relevant bodies or officials a submission on detection and bringing to determined by law liability persons, who committed actions or allowed inactivity that violates guarantees of independence of judge or undermines the authority of the justice;
addresses the prosecutor’s office and law-enforcement bodies regarding the provision of information on disclosure and investigation of crimes, committed regarding court, judges, their family members, court staff, crimes against justice, committed by judges, court staff.
It is also determined that the secretariat of the High Council of Justice provides organizational, information and reference and other support to the activity of the Chairman of the Supreme Court or the acting Chairman of the Supreme Court, in particular, in the part of carrying out the mentioned powers of the High Council of Justice.
Apart from that, according to the Law of Ukraine “On making amendments to item 4-1 of chapter VI of the “Final and Transitional Provisions” of the Budget Code of Ukraine” of March 15, 2022, No. 2127-ІХ, that entered into force on March 21, 2022, for the period of the absence of the plenipotentiary composition of the High Council of Justice the distribution of funds between lower-level budget managers in the system of the State Judicial Administration of Ukraine, within the total amount of budget allocations under the relevant budget program separately for general and special funds of the state budget should be carried out by the State Judicial Administration of Ukraine without the coordination with the High Council of Justice.
The mentioned above complies with the requirements of the Law of Ukraine “On the High Council of Justice” of December 21, 2016, No. 1798-VIII, as the Law No. 2128-ІХ simultaneously made amendments to the Chapter ІII “Final and Transitional provisions” of the Law of Ukraine “On the High Council of Justice” that was added with items 23-4 і 23-5, regarding exercising by the Chairman of the Supreme Court or the acting Chairman of the Supreme Court of powers of the High Council of Justice within the limits specified in item 56 of Chapter XII “Final and Transitional provisions” of the Law of Ukraine “On the Judiciary and the Status of Judges”, exercising by the secretariat of the High Council of Justice of organizational, information and reference and other provision of the activity of the Chairman of the Supreme Court of the acting Chairman of the Supreme Court, in part of fulfillment of the above powers of the High Council of Justice, as well as on the redistribution of budget expenditures between courts without the coordination with the High Council of Justice.
Part of the powers are transferred to the State Judicial Administration of Ukraine.