Critical situations in administrating justice in local courts settled
Today, on August 09, 2019 following the results of the competitive selection announced on 02 July 2019 the Commission sent recommendations on the appointment of 467 candidates as judges of 263 courts to the High Council of Justice.
Thus, the administration of justice can be restored on permanent basis in 16 courts in the nearest future, and the excessive level of judicial workload can be fixed in 99 courts (information on courts in which problematic issues in administrating justice are being resolved is enclosed).
Critical situations in administrating justice began to emerge in 2016 due to the massive dismissal of judges.
The judicial selection and appointment procedure under the Law involves 15 separate stages, 13 of which are performed by the Commission.
Currently 2 stages of appointment process remained to be completed:
1) the consideration by the High Council of Justice of the recommendations of the Commission and the adoption of decisions on candidates for judicial positions;
2) issuing a decree of the President of Ukraine on the appointment a candidate as a judge.
We note that the selection of a local court judge was announced by the Commission on 03 April 2017.
From April 17 to May 16, 2017, 5336 persons submitted applications and documents for participation in the selection to the Commission.
According to the result of the verification of compliance of persons who applied for participation in the selection with the statutory requirements for the judicial candidate, the Commission admitted 4935 persons to participate in the selection.
In addition, 603 candidates for judicial positions were admitted to the selection taking into account the specifics defined in paragraph 29 of Section XII “Final and Transitional Provisions” of the Law of Ukraine “On the Judiciary and the Status of Judges” (judicial candidates who were included into a reserve list for filling vacant judicial positions and into a rating list, in case the termination of a three-year term falls on the period of one year before or ninety days after this Law comes into force).
On October 31, 2017, 4128 candidates took the anonymous test to have the level of general theoretical knowledge in the field of law and the level of possession of the state language verified. The test was monitored in particular by international observers from the EU Advisory Mission to Ukraine (EUAM), the EU Support to Justice Sector Reforms in Ukraine Project, the Ukrainian-Canadian Support for Judicial Reform Project, the Council of Europe Support to the Implementation of the Judicial Reform in Ukraine Project, the USAID Justice Sector Reform Program New Justice Program.
According to the results of automated computer check and evaluation of tasks, 700 candidates with the best test results were admitted to the test of personal moral and psychological qualities conducted from November 13 to November 19, 2017, that was successfully passed by 692 candidates.
From 06 March to 17 April 2018, the results of the special background check of judicial candidates with at least three years of record of service as judge’s assistant were determined. According to its results 286 candidates continued to participate in the selection and were sent for special training at the National School of Judges of Ukraine, which lasted until June 2018.
From June,7 to October, 22, 2018, the results of the special background check of candidates for the judicial positions who participated in the selection were determined, taking into account the specifics defined in paragraph 29 of Section XII “Final and Transitional Provisions” of the Law of Ukraine “On the Judiciary and the Status of Judges”. As a result 591 candidates continued to participate in the selection procedure.
From June, 7 to September, 12, 2018, the results of the special background check of candidates for the judicial positions who have no experience as judge’s assistant for at least three years were determined; as a result 388 candidates continued to participate in the selection procedure.
Candidates for the judicial positions who have no experience as the assistant of judge for at least three years participated in special training at the National School of Judges of Ukraine from August to May 2019; as a result 369 candidates continued to participate in the selection procedure.
The first qualification exam during the selection procedure was conducted on October, 29–31, 2018. The test was monitored in particular by representatives of the European Union PRAVO-JUSTICE Project, the EU Advisory Mission to Ukraine (EUAM), the European Business Association, the USAID New Justice Program, the Judicial Reform Council and the Ukrainian Institute for the Future (public organization).
As a result of the qualification exam, 656 candidates for the judicial positions were included to the reserve list for filling the vacant judicial positions of local courts, 272 to the reserve list for filling the vacant judicial positions of local commercial courts, and 32 to the reserve list for filling the vacant judicial positions of local administrative courts.
The HQCJU has announced a competition for 505 vacant judicial positions in local general courts. Each candidate had the right to apply with recommendation in 5 courts throughout Ukraine.
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