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The revised draft law No. 3711 should take into account the decisions of the CCU and the opinions of the Venice Commission, – Andrii Ovsiienko

03.12.2020

The formation of the High Qualification Commission of Judges of Ukraine is an urgent need today, after all, the lack of a mechanism to replenish the ranks of judges in the current staff shortage and the regular outflow of judges from the system threatens access to justice. This was stated by the Chairman of the High Council of Justice Andrii Ovsiienko at a meeting of the Verkhovna Rada Committee on Legal Policy, where they discussed the provisions to be included in the updated revised text of the draft law No. 3711.

Andrii Ovsiienko noted that a completely new model of organizing the work of the competition commission for holding a competition for the position of a member of the High Qualification Commission of Judges of Ukraine is currently being proposed. According to him, full autonomy in regulating the activities of the commission is provided, it is proposed to create a secretariat. The HCJ chairman stressed that the peculiarities of the commission's secretariat should be clearly regulated, after all, it is about working with personal files, official information, documents relating to personal data.

“A practically autonomous status of the competition commission significantly determines its legal personality. The commission, which will include international experts, is an independent subject of selection of members of the HQCJU. The role of the High Council of Justice is to the appointing of selected candidates. The role of the High Council of Justice is limited to the appointment of selected candidates. It is worth paying attention to this and proposing norms that will not be repealed by the Constitutional Court of Ukraine in the future”, – emphasized Andrii Ovsiienko.

The HCJ Chairman considers that it is necessary to provide such principles of forming the composition of the HQCJU, which will comply with international standards. He noted that the GRP during the analysis of a number of thematic draft laws repeatedly expressed the position - at least half of the HQCJU should be judges. Such approach is supported by the Venice Commission. The Constitutional Court of Ukraine also draws attention to this need. “A new model of the HQCJU should reflect the principle of judicial representation, set out in advisory opinions of the Council of European Judges and opinions of the Venice Commission”, – said Andrii Ovsiienko.

According to him, today there are more than clear guidelines for legislative regulation of the establishment of the HQCJU. This is the Decision of the Constitutional Court of Ukraine of March 11, 2020 and two opinions of the Venice Commission of 2019 and 2020. According to the HCJ Chairman, they should be taken into account so as not to repeat the mistakes made during the adoption of the Law of Ukraine "On making amendments to the Law of Ukraine "On the Judiciary and the Status of Judges" and some laws of Ukraine on judicial governance bodies".

Andrii Ovsiienko positively assessed the decision of the Committee members to establish a working group to develop proposals for settling the status of judges of the Supreme Court of Ukraine and expressed the readiness of the HCJ to take part in its work. “Judges of the Supreme Court of Ukraine have sent numerous appeals to the HCJ to resolve the issue of their status, the existence of the Supreme Court of Ukraine and its relationship with the Supreme Court. However, currently the institutional capacity of the HCJ does not allow to solve this problem on its own, so we hope for lawmakers”, – said the HCJ Chairman.

It is planed that on December 8, 2020, at the meeting of the Committee will be considered a revised draft law No. 3711.