Interregional Judicial Forum “High Qualification Commission: Everything Depends on Human Resources!” was held
On 19 March 2018, the Interregional Judicial Forum “High Qualification Commission: Everything Depends on Human Resources!” was held in Pidhirtsi village, Kyiv region. The event was organized by the Association for the Development of Judicial Self-Government of Ukraine, the Ukrainian Bar Association and the Commission. The Forum took place within the framework of the Grant Project “Support to the Judicial Self-Government Development” realization, with support of the United States Agency for International Development (USAID) “New Justice” Program.
Mr. Volodymyr Kravchuk, Supreme Court judge, President of the Association for the Development of Judicial Self-Government of Ukraine, Mr. Stanislav Shchotka, Commission’s member, and Mr. Mykola Onischiuk, Rector of the National School of Judges of Ukraine took the floor with congratulatory speech.
The first session of the forum was devoted to the Commission’s competition procedures. The Secretary of the Qualification Chamber Mr. Stanislav Shchotka reported on “Formation of the Judiciary: Main Tendencies”. The member of the Commission Ms. Tetiana Shylova spoke about the competition to the High Court on Intellectual Property and the Commission’s member Mr. Volodymyr Butenko dwelt on the transfer of judges in his report.
During his speech, Mr. Stanislav Shchotka drew attention to the Commission’s five main staffing procedures this year, namely: the second competition to the Supreme Court, the competition to the Anti-corruption Court, the competition to the High Court on Intellectual Property, the selection of judges, the qualification assessment of judges. “We are trying to be efficient and fast in the process of carrying out the Commission’s functions,” – said Mr. Stanislav Shchotka. According to him, professionalism is the basic component that makes a judge independent: “Such a person is much more difficult to influence on, than someone who does not care about his competence. Through their daily activities the judges have already returned the trust of the society to the judiciary.”
Ms. Tetiana Shylova spoke about the competition to the High Court of Intellectual Property in her report, in particular, that the candidates who had participated in the competition to the Supreme Court and had passed the qualification assessment within that competition, had applied to the IP court.
However, according to the Law of Ukraine “On the Judiciary and Status of Judges”, a judge, a candidate for the judicial position may apply to the Commission for carrying out his qualification assessment not earlier than one year after the Commission’s decision on the results of his last qualification assessment.
“The question arose: can we admit such persons, or not?” – said Ms. Tetiana Shylova. She also added that, finally, the Commission’s members agreed on the importance of observance the state-guaranteed right for judges’ advancement and career development. At the same time, according to the law, the Commission may take into account the preliminary results.
“But how can we take into account the results of judge’s assessment in criminal, civil, administrative and commercial jurisdiction within the competition to the High Court on Intellectual Property? We have to see if a judge has worked in the field of intellectual property. This is exactly what should be the priority in the formation of a new court, to bring specialists there,” – said the member of the Commission.
Therefore, the HQCJ decided to admit candidates to the HCIP who took part in the competition for the judicial positions in the SC. In this case, their results of the competition to the SC will not be taken into account.
After the break, the discussion “Public and Court: Two Views”, which was moderated by Mr. Denis Bugay, ex-president of the Bar Association (2013-2017), took place. Mr. Taras Lukash, member of the Commission, participated in the discussion.
The second session was devoted to the assessment of judges. The session was moderated by Ms. Tetiana Vasilchenko, judge of the Kyiv City Commercial Court. The discussion focused on regular and qualification assessments, the interaction between courts and media, and the Concept of direct ties with the public.
The forum’s third session was devoted to the personnel reserve of the judiciary: the issues of shadowing in the courts, the legal status of the assistant in the court, training of judges and shadowing in judicial self-government bodies.
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