Appeal of the High Qualification Commission of Judges of Ukraine to the Council of Judges of Ukraine
Dear Judges!
In accordance with Articles 83, 101 of the Law of Ukraine «On the Judicial System and Status of Judges» (hereinafter - the Law), Section II «Transitional Provisions» Law of Ukraine «On ensuring the right to a fair trial» High Qualification Commission of Judges of Ukraine (hereinafter - Commission) in according to the established procedure and deadlines should provide an initial evaluation of the qualification of judges in order to take a decision on the exercise of justice in appropriate courts.
According to the fourth paragraph of Article 83 of the Law the procedure and methodology for the qualification evaluation of a judge determined by the Commission agreed with the Council of Judges of Ukraine.
Pursuant to the said legal provision in the Commission draft procedure and methodology for qualification evaluation of the judge to ensure compliance procedure qualification assessment judges international and European standards in the field of quality of justice, the principle of judicial independence has been developed by national and international experts of the EU Project ««Support to Justice Sector Reforms in Ukraine» and worked experts of USAID FAIR Justice Project and received positive conclusions about the balance and its compliance with the provisions of European and international standards evaluation of judges.
Commission Decision of 10 July 2015 № 52 / VP-15 qualification procedure and methodology for evaluation of judges (hereinafter - Order) submitted for approval to the Council of Judges of Ukraine.
Decision of the Council of Judges of Ukraine on July 22, 2015 number 71, the Commission had refused to approve the procedure and provided comments.
In order to timely implementation of the Law of Ukraine «On ensuring the right to a fair trial» on the initiative of the Commission on August 14 – 15, 2015 with the Council of Judges of Ukraine held a conciliation meeting where it was agreed the text of the Order and take into account proposals as Council of Judges of Ukraine and international and national experts. At this meeting it was agreed and considered 96 proposals to the Order.
The revised procedure by the Commission on August 18, 2015 number 53 / VP-15 was again sent to the Council of Judges of Ukraine.
Decision of the Council of Judges of Ukraine on September 3, 2015 number 89 granted new comments to the order, which was not provided as suggestions to the decision of the Board of Judges of Ukraine № 71 dated on July 22, 2015 and were not discussed at the conciliation meeting, and significantly different from the concept of qualification evaluation prescribed by law and therefore is inadmissible.
Today the Commission in accordance with the requirements of paragraph 6 of Section II «Transitional Provisions» Law of Ukraine «On ensuring the right to a fair trial» take all measures for the initial qualification assessment of the Supreme Court of Ukraine and high specialized courts and judges applied to the Commission statements on the recommendation for election as a judge in perpetuity.
However, due to long-term (over 4 months) the Council of Judges of Ukraine delayed the approval of Procedure and Act requirements to conduct initial qualification evaluation within the established terms are not kept.
However, the Commission with a statement of recommendation for election to a lifetime judicial position turned 212 candidates awaiting initial qualification evaluation, conduct of which accordance with point 3, paragraph 6 of Chapter II «Transitional Provisions» Law of Ukraine «On ensuring the right to a fair trial» the Commission shall ensure that priority.
The same situation occurs in relation developed by the Commission pursuant to the requirements of Article 85 of the Law draft Regulation on the procedure of the exam and method of its evaluation during the qualification assessment judges that the Commission's decision of August 27, 2015 № 57 / VP-15 was also submitted for approval to the Council of Judges of Ukraine.
This document Council of Judges of Ukraine considered on September 10, 2015 and, according to available information, the Commission, agreed with his remarks. Decision of the Council of Judges of Ukraine with the final version of the comments the Commission still not officially received.
Given the situation on October 21, 2015, the Commission adopted its decision procedure and sent it to the Council of Judges of Ukraine.
The Commission appeals to the Judicial Council of Ukraine and each member with an urgent request to immediately fulfill the requirements of the Law on the Procedure for approval and qualification assessment methodologies judge and finally move the cleaning process of the judiciary.
Further delay in carrying out the initial evaluation of the qualification of judges hampers judicial reform, promotes the growth of tension in society and paving the way for implementation of radical calls for release of all judges.
Please note that on October 23, 2015 the European Commission «For Democracy through Law» (Venice Commission) supported the process of updating the judiciary through the mechanism of evaluating judges for their compliance with the criteria of professionalism, ethics and integrity.
High Qualification Commission of Judges of Ukraine
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