A Working Meeting of the Commission with the delegation of the National Judicial Institute of Canada and delegation of the Office of the Commissioner for Federal Judicial Affairs Canada, 18 April, 2016
On 18 April 2016 there was held the meeting of the Commission Members and staff of the Commission Secretariat with the delegation of the National Judicial Institute of Canada and the Office of the Commissioner for Federal Judicial Affairs Canada.
The event was held under the new Ukrainian-Canadian Support to Judicial Reform Project and was devoted to the identification of areas of support activities, prioritized for the High Qualification Commission of Judges of Ukraine. Dialogue participants also exchanged their views and experience on selection, appointment, professional discipline and career of judges.
The delegation included Ms. C. Adèle Kent, Honourable Justice, Executive Director, National Judicial Institute of Canada, Mr. George Thomson, Senior Director, International Cooperation Group, National Judicial Institute, Mrs. Brenda Cupper, Director, International Cooperation Group, National Judicial Institute of Canada, Mr. Donald Chiasson, Legal and Education Director, International Cooperation Group, National Judicial Institute of Canada, Mr. Derek Green, Chief Justice of the Supreme Court of Newfoundland and Labrador, Mr. J. Michael Macdonald, Chief Justice of Nova Scotia, Mr. Oleg Shakov, Director of the International Programs Division, Office of the Commissioner for Federal Judicial Affairs Canada, Mrs. Nataliya Horodetsky, Senior Project Manager, International Programs Division, Office of the Commissioner for Federal Judicial Affairs Canada, Mr. Igor Osyka, Project Manager, International Cooperation Group, National Judicial Institute and Mr. Oleksandr Shvaniuk, Project Manager Assistant, International Cooperation Group, National Judicial Institute.
On behalf of the Commission the meeting was attended by Mr. Mykola Patriuk, Deputy Chairman of the Commission, Chairman of the Disciplinary Chamber, Mr. Mykhailo Makarchuk, Secretary of the Commission Disciplinary Chamber, Mr. Andrii Vasylenko, Member of the Commission Qualification Chamber, Mrs. Olena Ponomarenko, Chief of the Commission Secretariat, Mrs. Olena Vashchuk, Head of Commission Inspectors Service, Mrs. Oksana Nazarova, Deputy Director of Judicial Career Department of the Commission’s Secretariat, Mrs. Polina Kazakevych, Head of the International Cooperation Division of the Commission’s Secretariat, Mr. Oleh Rybchuk, Head of Division of Statistical and Analytical Work of the Commission’s Secretariat and Mrs. Svitlana Maksimova, Chief Specialist of the Division for the Working Support of the Chairman of the Commission’s Secretariat.
The Executive Director of the National Judicial Institute of Canada Mrs. C. Adèle Kent informed the participants about the overall purpose and direction of the new Ukrainian-Canadian Support to Judicial Reform Project.
Mrs. Kent said that the main Project objective is an effective promotion of independence and impartiality of the courts to restore public confidence in the judicial system.
Mr. Mykola Patriuk told about the working results of the Commission, which began its work in new composition on 9 December 2014 and noted that it is working in intensive mode and in conditions of acute social conflict, when the expectations of the society in respect of the judiciary are extremely high.
The Secretary of the Commission Disciplinary Chamber Mr. Mykhailo Makarchuk marked that the first results of the initial qualification assessment of judges that was started by the Commission on 17 February found that an assessment should be held regularly, because the knowledge level of some judges is insufficient and requires raising the qualification.
Mr. Makarchuk also noted that judges rarely apply the legal opinions of the European Court of Human Rights in their judgments; they also rarely refers to them when rendering the decisions, although judgements of the European Court of Human Rights is part of the Ukrainian legislation.
The Member of the Commission Qualification Chamber Mr. Andrii Vasylenko, told more about the first results of the completely new for the country’s judicial system the initial qualification assessment procedures that apply to all judges of Ukraine.
He also drew attention to the large number of complaints received by the Commission and reminded about the remaining problematic issue of judicial candidates, whose term of being in the reserve has terminated.
During the meeting, Secretary of the Disciplinary Chamber of the Commission emphasized the need for creation of information and communication center for the judiciary in Ukraine.
Mr. Mykhailo Makarchuk noted that distrust in the judiciary is based on the fact that public has no information on principles of justice and the experience of Canadian colleagues in communicating with the public, meeting the society with principles of justice, and grounds of responsibility could help in resolving the issue of increasing confidence in the judiciary of Ukraine.
Chief specialist of the Division for the Working Support of the Commission Chairman Mrs. Svitlana Maksymova said that the establishment of the Press Center of the Judiciary will help to organize the effective and multilateral communication (between the judicial and other public authorities, between courts and citizens, between courts themselves, between judicial public authorities and the judicial self-governmental bodies, etc.). This body would increase interdepartmental communication capacity of the judiciary; would allow introducing unified information and coordinating information activities.
Creation of the Press Center of the Judiciary would faster processing the journalists’ requests and providing informational and methodological assistance to media reporting on the work of the judiciary.
In addition, Mr. Derek Green, Chief Justice of the Supreme Court of Newfoundland and Labrador shared the experience of handling the conflicts between public and the media regarding the judicial system in Canada.
During the meeting Mr. George Thomson, Senior Director of the National Judicial Institute’s International Cooperation Group said that the procedure of initial qualification assessment of judges is a complicated process for the judiciary of Ukraine and expressed a believe that the Project would assist the Commission in matters of judicial training.
Mr. Donald Chiasson, Legal and Education Director, International Cooperation Group at the National Judicial Institute of Canada spoke about the program of practical judicial training courses in Canada, which development is holding through the National Judicial Institute of Canada.
At the end of the meeting the participants expressed their willingness to continue cooperation between Ukraine and the National Judicial Institute of Canada and Office of the Commissioner for Federal Judicial Affairs Canada under the new Ukrainian-Canadian Support to Judicial Reform Project.
