According to clause 7 of Part 1 of Article 131 of the Constitution of Ukraine and the clauses 4 and 5 of Part 1 of Article 73 of the Law of Ukraine “On the High Council of Justice” the High Council of Justice in order to ensure the independence of judges and the authority of justice adopts and publishes public statements and appeals, appeals to sub legal entities of the legislative initiative, bodies authorized to adopt legal acts with proposals to ensure the independence of judges and the authority of justice.
By the resolution of the Verkhovna Rada of Ukraine dated May 29, 2023 No. 3119-IX, the Statement of the Verkhovna Rada of Ukraine “On the Need for a Strict and Uncompromising fight against Corruption in the justice system” was approved. The Chairman of the Verkhovna Rada of Ukraine was entrusted with ensuring the immediate forwarding of the text of the Statement to the National Security and Defense Council of Ukraine.
The High Council of Justice through this statement:
- Supports the Statement of the Verkhovna Rada of Ukraine regarding the high recognition of the work of anti-corruption bodies and the need for further systematic implementation of anti-corruption reform.
- Supports the Statement of the Verkhovna Rada of Ukraine regarding the absolute inadmissibility of cases when the head of the highest court in the judicial system of Ukraine may be involved in the commission of corrupt acts. The High Council of Justice declares the absolute inadmissibility of any cases of corruption at all levels, not only in the judicial system, but also in other branches of the government and local self-government.
- Supports the Statement of the Verkhovna Rada of Ukraine regarding the proper, impartial and effective investigation of possible facts of corruption in the Supreme Court. The course and results of such an investigation should be as public as possible within the limits established by the Criminal Procedure Code of Ukraine. We emphasize that in accordance with the Articles 55, 62, 124 of the Constitution of Ukraine, the rights and freedoms of a person and a citizen are protected by the court; the justice in Ukraine is carried out exclusively by courts, in accordance with the Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms, everyone has the right to a fair and public hearing of his case within a reasonable time by an independent and impartial court established by law, which will resolve the dispute regarding his rights and obligations of a civil nature or establish the merits of any criminal charge brought against him.
- Supports the Statement of the Verkhovna Rada of Ukraine regarding the urgent need for a decisive and consistent continuation of the judicial reform in order to strengthen the authority and increase the level of public trust not only in the institutions of justice but also in the entire corpus of the state authority and local self-government.
- Supports the Statement of the Verkhovna Rada of Ukraine regarding the need for continued rigorous and uncompromising fight against shameful cases of unacceptable behavior by judges that discredit the title of judge and undermine the authority of justice. The High Council of Justice emphasizes the inadmissibility of the behavior not only of judges, but also of all civil servants, employees of the patronage service, Members of Parliament of Ukraine, etc., which undermines the authority of the State and public trust.
- Supports the Statement of the Verkhovna Rada of Ukraine regarding the need to root out corruption fundamentally not only in the justice system but also in any body of state power and local self-government. Those who are not ready to exist in a fair and transparent reality and will commit corrupt actions in the future must be removed from the state corps and brought to justice in the manner established by law.
- Supports the Statement of the Verkhovna Rada of Ukraine regarding the urgent completion of the qualification assessment of judges to ensure their compliance with the positions they hold, which was started but not completed.
- Supports the Statement of the Verkhovna Rada of Ukraine regarding the establishment and provision of dignified and appropriate conditions of remuneration for court staff.
- Supports the Statement of the Verkhovna Rada of Ukraine in another part, aimed at restoring public trust in state authorities in general and the judiciary in particular, in terms of ensuring the independence of judges and the European vector of Ukraine's development.
- The High Council of Justice supports the position of the President of Ukraine regarding the equality of all before the law regardless of the positions and the inevitability of punishment.
The High Council of Justice declares the following:
- The judicial branch of the government fulfilled all international obligations regarding Ukraine's accession to the European Union.
- The judicial system is taking systematic measures for self-purification.
- The High Council of Justice, after 10 months of void of authority and complete renewal, resumed its activities in full composition on January 12, 2023. The High Qualification Commission of Judges of Ukraine after nearly four years of suspension was reformed under new rules and resumed its work on June 1, 2023. The architecture of the judicial system and judicial governance was restored only on June 1, 2023. The prolonged suspension of governance bodies in the judicial system led to the negative consequences. For the systemic and qualitative evolution of the judicial branch of power after the restoration of its architecture, time is needed. The judicial system is capable of self-recovery in a short period of time.
- During the war and the fight against the russian aggressor, 54 judges joined the ranks of the Armed Forces of Ukraine, and 353 employees of court apparatus and institutions took up arms to fulfill their constitutional duty to defend the sovereignty and territorial integrity of Ukraine, currently, one member of the High Council of Justice and three members of the High Qualification Commission of Judges of Ukraine are serving in the military. The collective of courts, judges of Ukraine, judicial governance bodies and self-governance actively contribute with their own resources and efforts to support the Armed Forces of Ukraine.
- The Judges did not leave the temporarily occupied territories of Ukraine until the last moment and were the first in the justice system to restore and are restoring justice in the liberated territories of Ukraine.
- Neither during the COVID-19 pandemic nor during the war did the administration of justice in Ukraine stop. The justice system ensures continuity of citizens' access to court, as required by the Article 10 of the Law of Ukraine "On the Legal Regime of Martial Law". Courts and judges have shown stability and proved by their conscientious work the ability to administer justice and protect the rights of the citizens under any conditions.
- During the period of 2020–2023, the High Council of Justice received 810 appeals about interference in the activities of judges. Out of these, 274 reports were recognized as justified; more than 200 decisions on taking measures regarding interference in the activities of judges during the administration of justice were directed to law enforcement agencies. Unfortunately, only four indictments based on the specified facts have been submitted to the court.
- A fair reaction to non-systemic negative manifestations that occur in the judicial system should not affect the judges who faithfully adhere to their oath to the Ukrainian people.
- The path of independent and systematic self-cleansing of the judicial system requires the consolidation of the entire Ukrainian people and the state authorities.
- Since the Statement of the Verkhovna Rada of Ukraine contains an appeal to the National Security and Defense Council of Ukraine regarding the immediate consideration at its meeting of the issue of detection of corruption and other violations of the law by representatives of the judicial branch of the government in view of the need to ensure national security and protect the interests of Ukraine, the High Council of Justice declares its readiness to resolutely fight against negative phenomena in the judicial system and to cooperate with civil society and state authorities to ensure the authority of justice and the independence of judges.
The decision of the High Council of Justice "On approval of the statement of the High Council of Justice “ On ensuring the independence of judges and the authority of justice” dated June 8, 2023 No. 620/0/15-23