Regarding the qualification evaluation of judges of the Kyiv Circuit Administrative Court
Taking into account the considerable public interest in conducting a qualification evaluation of judges of the Kyiv Circuit Administrative Court for the position of a judge, the High Qualification Commission of Judges of Ukraine explains the following.
What is the qualification evaluation?
According to subparagraph 4 of paragraph 161 of the Constitution of Ukraine, the correspondence to a position of a judge appointed to a post for a term of five years or elected indefinitely before the Law of Ukraine «On Amendments to the Constitution of Ukraine (on Justice)» came into force (before 30.09. 2016) should be evaluated in the manner prescribed by law. In case the inconsistency of a judge to the position held on the basis of criteria of competence, professional ethics or integrity, is detected upon results of such evaluation or the refusal of a judge from such an assessment, it is the basis for the dismissal of a judge.
Who evaluates judges?
The Law of Ukraine «On the Judiciary and the Status of Judges» stipulates that compliance with the position of a judge shall be evaluated by the colleges of the High Qualification Commission of Judges of Ukraine.
What stages of the qualification evaluation?
The qualification evaluation includes the following steps:
1) passing the exam;
2) research of the dossier and interview.
How is the order of qualification evaluations determined?
The order of judges' evaluation is determined by the High Qualification Commission of Judges of Ukraine, in particular, in view of their authority to administer justice, the expiration of the term of the relevant powers, and the criticality of the situation in the administration of justice (impossibility of administering justice, excessive level of work load).
Brief history of the examination of all judges of Ukraine
On February 14, 2018, the Commission began examinations within the framework of the judges' qualification evaluation procedure for the positions they occupy, and already on 30 August 2018, the planned examinations were almost completed. 5 157 local and appellate court judges were supposed to take part in such an exam.
General statistics of examinations of judges of Ukraine
During the period from February to August 2018, the Commission conducted 176 separate stages of the exam.
Among 5 157 judges, 4 472 came to pass exams:
- 3 928 out of 4 306 local court judges, namely:
481 out of 524 judges of local administrative courts;
481 out of 528 judges of local commercial courts;
2 995 out of 3 254 judges of local general courts.
- 814 out of 851 judges of appellate courts, namely:
171 out of 179 judges of appellate administrative courts;
118 out of 126 judges of appellate commercial courts;
525 out of 546 judges of appellate general courts.
Are there any peculiarities in the process of passing qualification evaluation of judges of the Kyiv Circuit Administrative Court?
The qualification evaluation of the judges of the Kyiv Circuit Administrative Court for the correspondence with the position of the judge is appointed
- by the Commission Decision on October 20, 2017 concerning 9 judges: Harnyk Kyrylo Yuriiovych, Danylyshyn Viktor Mykhailovych, Ischuk Ihor Oleksandrovych, Kobylianskyi Kostiantyn Mykolaiovych, Kovzel Petro Olehovych, Nagorianskyi Serhii Ivanovych, Pohribnichenko Ihor Mykolaiovych, Sanin Bohdan Volodymyrovych, Shulezhko Viktor Petrovych;
- by the Commission Decision on June 7, 2018 concerning 39 judges: Ablov Yevhen Valeriiovych, Averkova Viktoriia Viktorivna, Ameliohin Vitalii Viacheslavovych, Arsirii Ruslan Oleksandrovych, Balas’ Tetiana Pavlivna, Boiaryntseva Maryna Anatoliivna, Vasylchenko Iryna Petrivna, Viekua Nana Huryielivna, Vovk Pavlo Viacheslavovych, Holovan’ Oksana Viktorivna, Grygorovych Pavlo Oleksandrovych, Dehtiariova Olha Viktorivna, Dobrivska Nataliia Anatoliivna, Dobrianska Yaroslava Ivanivna, Donets Volodymyr Adolfovych, Karakashian Serhii Kostantynovych, Karmazin Oleksandr Anatoliiovych, Katiushchenko Vitalii Petrovych, Kachur Ihor Anatoliiovych, Keleberda Volodymyr Ivanovych, Klymenchuk Nataliia Mykolaivna, Klochkova Nataliia Viktorivna, Kostenko Dmytro Anatoliiovych, Kuzmenko Anna Ihorivna, Kuzmenko Valerii Anatoliovych, Litvinova Arina Volodymyrivna, Mazur Aliona Serhiivna, Marulina Liubov Oleksandrivna, Ohurtsov Oleksii Petrovych, Patratii Olena Valeriivna, Pashchenko Kostiantyn Serhiiovych, Skochok Tetiana Oleksandrivna, Smolii Ihor Volodymyrovych, Sokolova Olena Anatoliivna , Fedorchuk Andrii Bohdanovych, Chudak Olesia Mykolaivna, Shevchenko Nataliia Mykolaivna, Sheiko Tetiana Ivanivna, Shramko Yulia Teodorivna.
Judges of the Kyiv Circuit Administrative Court, in respect of which a qualification was appointed on October 20, 2017, in accordance with the Commission's decision, passed the exam on March 2, 2018:
Harnyk Kyrylo Yuriiovych scored 137.25 points;
Danylyshyn Viktor Mikhailovych scored 154,625 points;
Ishchuk Ihor Oleksandrovych scored 185,875 points;
Kobylianskyi Kostantyn Mykolaiovych scored 202 points;
Kovzel Petro Olehovych scored 116 points;
Nahorianskyi Serhii Ivanovych scored 126,625 points;
Pohribnichenko Ihor Mykolaiovych scored 185,5 points;
Sanin Bohdan Volodymyrovych scored 154 points;
Shulezhko Victor Petrovych scored 162,25 points.
For other judges of this court, by decision of the Commission of June 7, 2018, the determined dates for passing the exam were July 16 and July 27, 2018.
In June 2018, to the Commission was sent a letter from the Head of the Kyiv Circuit Administrative Court, Vovk Pavlo Viacheslavovych (from June 22, 2018, No. 02.2 / 1137/18) requesting the date of the exam to be transferred for the judges of this court due to the excessive level of their work load during this period, as well as the prevention of violations of the rights and legitimate interests of participants of administrative cases being under consideration of the relevant court, due to the need to prepare judges for examination.
By the decision of the Commission on July 6, 2018 the examinations scheduled was postponed to July 16 and 27, 2018.
The decision of the Commission dated March 26, 2019 specified the date of the examination for 37 judges of the Kyiv Circuit Administrative Court on April 17, 2019.
On April 02, 2019, to the Commission was sent a letter from the head of the Circuit Administrative Court of Kyiv regarding the postponement of the evaluation period for judges of this court on grounds similar to those indicated in the letter dated June 22, 2018.
On April 17, 2019, the following judges of the Kyiv Circuit Administrative Court appeared for the examination: Balas’ Tetiana Pavlivna, Holovan’ Oksana Viktorivna, Dobrianska Yaroslava Ivanivna, Donets Volodymyr Adolfovych, Kostenko Dmytro Anatoliiovych, Smolii Ihor Volodymyrovych, Fedorchuk Andrii Bohdanovych.
Other 30 judges of the Kyiv Circuit Administrative Court did not appear for passing the exam on April 17, 2019 on the ground of temporary disability, confirmed by copies of the relevant documents.
By the decision of the Commission dated May 8, 2019, the reasons of failure to appear for the indicated 30 judges, was considered to be reasonable to postpone the examination for May 21, 2019.
The qualification evaluation of the judges of the Kyiv Circuit Administrative Court is still going.
The Commission draws attention to the fact that in recent days there has been a highly politicized situation surrounding the qualification evaluation procedure.
The Commission asks politicians and the media to refrain from the political commentary on Commission procedures, in particular qualification evaluation, and on the conduct of judges during this procedure.
The Commission also draws attention to inadmissibility of expressing demands to judges and law enforcement agencies to suspend the work of the Commission and its individual members.
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