Seminar “Judicial accountability: European standards and domestic practice”, 16 September, 2015
Mr Sergii Koziakov, Chairman of the Commission, Mr Mykola Patriuk, Deputy Chairman of the Commission, Mr Stanislav Shchotka, Mykhailo Makarchuk and Pavlo Lutsiuk, Commission Members, Mr Mykola Mykoliuk, Head of the Legal Department of the Commission Secretariat and Mrs Polina Kazakevych, Head of International Cooperation Department of the Commission Secretariat took part in the seminar “Judicial accountability: European standards and domestic practice” on 16 September, 2015.
The event was organized by Council of Europe Project “Strengthening the system of judicial accountability in Ukraine” in cooperation with the High Administrative Court of Ukraine.
The welcoming remarks were made by Mr Sergii Koziakov, Chairman of the High Qualification Commission of Judges of Ukraine, Mr Oleksandr Nechytailo Chairman of the High Administrative Court of Ukraine, Mr Ihor Benedysiuk, Chairman of the High Council of Justice, Mrs Lilit Daneghian, Head of the Justice Sector Reform Unit, Department of Rule of Law and Legal Cooperation, Directorate General I, Council of Europe.
As was noted during the speech by Mr Koziakov, the Commission has a number of questions related to the practice of law application in process of bringing judges to disciplinary liability. In particular, it concerns judgments of the High Administrative Court of Ukraine which are not always approved by the Commission, but still are treated with respect.
For example, the Commission Chairman noted that in matters of suspension of judge from office the HACU insisted that the request on it shall be signed by the Prosecutor-General of Ukraine, but not deputy or acting Prosecutor-General of Ukraine. Despite the fact that the Commission has another vision, it already does not accept such requests. According to Mr Koziakov that is an example of respect for judgments of the High Administrative Court.
During the first session Mr Mykola Patriuk, Commission Deputy Chairman, Mr Mykhailo Tsurkan, HACU Judge, Mr Oleksii Muraviov, HCJ Deputy Chairman and Mr Roman Kuibida, Deputy Chairman of the Executive Board of the Center for Political and Legal Reforms made reports on practice of disciplinary proceedings against a judge. Speakers agreed with opinion that it is necessary to accumulate common approach to the assessment of violations made by the judge.
During one of the sessions there was also discussed the practice of judges suspension from office within holding them disciplinary liable.
As was noted by Mr Mykhailo Makarchuk, in December 2014 the Commission received 81 requests of the Prosecutor-General of Ukraine on judicial suspension and its extension. During this period the Commission adopted 62 decisions against 26 judges. The HQCJU dismissed 2 requests of the Prosecutor-General and returned 11 requests. Judges filed 15 administrative appeals in respect of aforementioned decisions of the Commission with the High Administrative Court of Ukraine. Upon results of its consideration the HACU canceled 7 Commission decisions, denied 3 appeals, left 1 appeal without consideration and 4 cases are pending in the court now.
The High Administrative Court of Ukraine cancels the Commission's decisions on judicial suspension from office due to different interpretations of the fact of criminal offense.
Also the participants of the seminar discussed European practice and standards of the Council of Europe on disciplinary liability of judges. Mr Serhii Kalchenko, national expert of the Project presented the report “Taking into account of European standards when considering the claims of judges by the HACU.” Mr Pavol Zhylinchyk, judicial reform and corruption prevention expert told about disciplinary proceedings against judges in Slovakia.
The seminar completed by the session on challenges of the new provisions of the law relating to qualification assessment of judges and maintenance of judicial dossier. Mr Gerhard Reissner, international expert of the Council of Europe reported on compliance of legislation on judicial dossier and assessment of judges with the European standards.
