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The first meeting of the Subcommittee “Justice, Freedom and Security” of the EU-Ukraine Association Committee, 23-24 July, 2015

The first meeting of the “Justice, Freedom and Security” Subcommittee of the Association Committee formed by the decision of the Association Council under the Association Agreement between Ukraine and the European Union together with its Member States was held in Kiev on 23-24 July 2015.

The implementation of the Action Plan on the EU visa liberalization and justice sector reforms became the main topics of the meeting.

Mr Sergii Koziakov, Chairman of the High Qualification Commission of Judges of Ukraine made a report on functioning of the judiciary following the adoption of the Law of Ukraine “On ensuring the right to a fair trial.”

The Chairman of the Commission informed the Parties’ delegations about new activity areas launched by the new composition of the High Qualification Commission. In particular, he stressed that the Commission was not able to carry out its tasks properly for 8 months. As on 9 December 2014 the number of non-examined complaints (applications) amounted 62% of the total number of complaints (applications) submitted to the Commission in 2011; 72% - in 2012, 80% - in 2013.

Since then, the Commission submitted 493 judges’ materials on election of judge for a lifetime term and transferring judge to another court of the same or other court specialization to the Parliament of Ukraine; submitted 250 decisions on transferring of judges and lifetime judges to another court within the five year term to the President of Ukraine. Consequently, the Commission decided almost 80 % of applications of judicial candidates for lifetime term and 91% of judges’ applications on recommending the judge to be transferred to a judicial position to another local court. The Commission decided the matter of transfer of judges from uncontrolled territories of Donetska and Luhanska oblasts where the justice administration is impossible. In particular, the Commission decided to short the document list for judges and approved the Regulation on special order for transfer of a judge to another court.

The Commission considered 71 requests of the Prosecutor General of Ukraine on removal of judges from the office, rendered 54 decisions on removal of judges from the office in connection with the institution of criminal proceedings and took 2 decisions on termination of the resignation of two judges in connection with the entry into force of judgment of conviction against them for committing an intentional crime.

The Commission takes part in the projects of international technical assistance of the European Union and the Council of Europe: 1) Representation before the European Commission for the Efficiency of Justice (CEPEJ) from 2013; 2) the EU Project “Support to Justice Sector Reforms in Ukraine” from 2014”: component 5: Independence of the judiciary (direction: introduction of system of Ukrainian judges’ evaluation); component 6: Preventing and combating corruption (direction: Preventing and combating corruption in carrying out procedures relating to judicial careers); 3) the Council of Europe Project “Strengthening the system of judicial accountability in Ukraine” from 2015: direction: the matter of holding judges disciplinary liable; direction: the matter of unification of the HQCJU and HCJ; 4) the Council of Europe Project “Consolidation of Justice Sector Policy Development in Ukraine” from 2015.

In the framework of cooperation the Commission developed a number of documents on the order of keeping judicial dossier, Procedure and Methodology of the Qualification Assessment of Judges, engaged national and international experts to develop the materials on cooperation for implementation of new legislation on judicial disciplinary responsibility.

While developing documents, the High Qualification Commission of Judges of Ukraine together with international and national experts took into account the standards of the European Union and the Council of Europe, counting with the Recommendation (2010) 12 of the Committee of Ministers, Joint Opinion of the Venice Commission and the Directorate of Human Rights on the Law of Ukraine “On the Judiciary and the Status of Judges” as of March 23, 2015, as well as the relevant judgment provisions of the European Court of Human Rights in case “Oleksandr Volkov v. Ukraine.”

The Chairman of the Commission stated that for today the main tasks of the Commission are the following:

1. Conducting judicial qualification assessment as the measure for updating judiciary, whereby the following is planned:

- creating an electronic database for keeping judicial dossier;

- elaborating a system of training courses for judges, who will be sent to retrain or will be subject to disciplinary penalties in accordance with the results of initial qualification assessment;

- creation of carefully selected database, consisting of tests and practical cases for the qualification assessment of judges, who takes part in competition to fill the post vacant;

- introduction of psychological testing for the candidates for the judicial position during the exam procedure of selection.

2. Instituting the cooperation with the EU Project “Support to Justice Sector Reforms in Ukraine” component “Preventing and combating corruption” to develop a prevention and detection systems of corruption risks at stages of selection of candidates for the post of judge for the first time, judicial qualification assessment, filling and studying judicial dossier and implementation of the Action Plan and the Action Plan on visa liberalization.

3. Introducing the application practice of universally recognized norms of international and European Union law (Acquis communautaire) by Ukrainian judges.

4. Active improvement of legislation in the field of judiciary issues within the competence of the Commission.

Mr Koziakov also noted that the Commission has submitted to the Working Group on Justice, Related Legal Institutions of the Constitutional Commission a proposal to reform the constitutional judiciary. It is proposed to formalize the list of judicial authorities responsible for judicial career and to make clear allocation of their functions and powers at the constitutional level.

Today, the Commission developed a proposal for amending the Law of Ukraine “On the Judiciary and the Status of Judges” and section “Transitional Provisions” of the Law of Ukraine “On ensuring the right to a fair trial.”

The draft Law "On amendments to certain laws of Ukraine concerning improvement of certain provisions of the legislation on judiciary," № 2358a was registered in the Parliament of Ukraine on 15 July 2015. By this document it is proposed to amend the Law of Ukraine "On the Judiciary and the Status of Judges", "On the right to a fair trial," Administrative Procedure Rules of Ukraine. The said bill will decide the legal and technical issues in respect of qualification assessment, initial qualification assessment of judges.

Besides, taking into account the requirements of European standards for independent financial security of the judiciary, the Chairman of the Commission offered the development of mandatory indicative budget expenses parameters with the help of the European partners. This will introduce a minimum - in terms of corruption risks - level of state financial support of judges and the judiciary.

Mr Koziakov expressed his hope for fruitful cooperation with the National Anti-Corruption Bureau of Ukraine in the analysis of those judicial dossiers sections related to corruption risks.

Recalling that the Committee EU-Ukraine Association was formed by the decision of the Association Council between Ukraine and the European Union on 15 December 2014. Subcommittees are created to assist the Association Committee, which is a permanent body of the Association Council. Committee and Subcommittees acts as part of Ukrainian and the EU delegations.

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