Heads of the judicial power bodies of Ukraine, people's deputies of Ukraine, judges, international experts discussed the concept of implementing a pilot project to optimize local general courts in Zakarpattia region.
The round table “Optimization of local general courts: a pilot project in Zakarpattia region” was organized by the EU Project “PRAVO-JUSTICE”.
At the event, the High Council of Justice was represented by the HCJ members Vitalii Salikhov, Roman Maselko and Inna Plakhtii.
A wide range of experts worked to develop the concept for optimizing the network of local general courts, which is carried out in connection with the formation and liquidation of districts in accordance with the Resolution of the Verkhovna Rada of Ukraine dated July 17, 2020 No. 807-IX and which would not hinder the ensuring the right to a fair trial: people`s deputies of Ukraine, representatives of the Council of Judges of Ukraine, the State Judicial Administration of Ukraine, the Supreme Court, the High Council of Justice, heads of courts of appeal.
In February 2021, the Committee of the Verkhovna Rada of Ukraine created a working group to prepare a draft law on changing the system of local courts on the territory of Ukraine in connection with formation (liquidation) of districts.
The Law of Ukraine “On amending the Law of Ukraine “On the Judiciary and the Status of Judges” regarding the territorial jurisdiction of local courts on the territory of Ukraine until the adoption of the law on changing the system of local courts on the territory of Ukraine in connection with the formation (liquidation) of districts” extended for one year the term for local courts to exercise their powers within the territorial jurisdiction, which was in effect before the Parliament adopted the resolution on the formation and liquidation of districts, but no later than January 1, 2023.
Courts of general jurisdiction were located mainly in district centers. However, after the change in the administrative-territorial structure, in some cases, settlements that were not district centers and on the territory of which there were no courts became district centers. In this regard, it became necessary to create courts or relocate them.
However, due to russia`s military aggression against Ukraine, active hostilities and the temporary occupation of certain territories of Ukraine, it is currently impossible to optimize the network of courts all over Ukraine at once.
In this regard, it was decided to optimize the local general courts of Zakarpattia region, and then spread this experience to other regions of Ukraine. According to the experts of the EU Project “PRAVO-JUSTICE”, the pilot projects introduction is a useful tool for finding the best solutions and correcting non-obvious mistakes in the implementation of any reform.
In addition, optimization of local general courts is part of the judicial reform, the implementation of which is one of the most important conditions on the path of European integration.
Acting Chairman of the High Council of Justice Vitalii Salikhov stressed that, according to the HCJ, it is extremely important for the judiciary to carry out judicial reform precisely in the aspect of optimizing local general courts.
“Optimization will make it possible to resolve the issue of amount of court funding, the even workload of judges, compliance with the requirements of procedural legislation and, in general, the rational distribution of financial and human resources,” said the HCJ member Vitalii Salikhov.
“It is important that reforms take place in accordance with the requirements of the Constitution of Ukraine and laws. I would like to emphasize that any reorganization or liquidation of courts in accordance with Article 125 of the Constitution of Ukraine takes place only after consultations with the High Council of Justice. Therefore, the entire judicial community is interested in resuming the activities of the Council in its entirety,” said the Acting Chairman of the Council.
Vitalii Salikhov also drew attention of European colleagues to the extremely harsh conditions in which Ukrainian judges have to work and carry out reforms. He said that the HCJ today received a letter from the Kyiv Court of Appeal, which states that the judges were informed about the mining of the court premises and threatened with reprisals for their pro-Ukrainian position.
“Many international partners are surprised that despite the war, justice is being carried out in Ukraine. However, we are not only executing justice, but also building a new judicial system,” Vitalii Salikhov emphasized.
It should be noted that in Zakarpattia region there are 13 local general courts, which employ 99 judges and 452 court staff employees.
Resolution of the Verkhovna Rada of Ukraine No. 807-IX provides for the formation of six districts in Zakarpattia region – Berehivskyi, Mukachivskyi, Rakhivskyi, Tiachivskyi, Uzhhorodskyi and Khustskyi.
The concept of the pilot project proposes optimization on the principle of “one district – one court”, provided that the courts of the Tiachivskyi and Rakiovskyi districts are united through a smaller population than in other districts, that is, the formation of five courts is envisaged:
Berehivskyi circuit court;
Mukachivskyi circuit court;
Tiachivskyi circuit court;
Uzhhorodskyi circuit court;
Khustskyi circuit court.
The total staffing of judges under this distribution in accordance with the project should be 107 positions.
Vitalii Salikhov noted that, according to the HCJ, optimization of courts in Zakarpattia region according to the proposed principle of “one district – one court” and creation of five courts in those six districts can lead to limited access to justice for citizens and will cause dissatisfaction among residents, in particular Rakhivskyi district, whose rights may be restricted as a result of such integration.
The discussion was attended by the Head of the Verkhovna Rada of Ukraine Committee on Legal Policy Denys Maslov, the Chairman of the Supreme Court Vsevolod Kniaziev, the Head of the Council of Judges of Ukraine Bohdan Monich, the Head of the State Judicial Administration of Ukraine Oleksii Salnikov, the Acting Head of the Court Security Service Oleh Biletskyi, chief international expert on judicial reform of the EU Project “PRAVO-JUSTICE” Anna Adamska-Gallant, international expert of the EU Project “PRAVO-JUSTICE” Reda Moliene, people’s deputy of Ukraine, head of the working group of the Verkhovna Rada of Ukraine Committee on legal policy on the preparation of a draft law on changing the system of local courts on the territory of Ukraine in connection with the formation (liquidation) of districts Pavlo Pavlish, head of Zakarpattia Court of Appeal Hanna Fazykosh, head of the Territorial Department of the State Judicial Administration of Ukraine in Zakarpattia region Olexandr Koshynskyi.