The EU experts were told about qualification assessment of a judge, 2 September, 2015
Mr Andrii Vasylenko, Member of the High Qualification Commission of Judges of Ukraine participated in a working meeting with experts of the European Union, which took place at the premises of the Ministry of Justice of Ukraine on 2 September, 2015.
The event was held in the framework of the regular expert mission of the European Commission to assess the implementation of the second phase of the Action Plan on EU visa liberalize regime for Ukraine.
The event was attended by Mr James Hamilton and Mrs Anita Hipper, representatives of the EU assessment mission, Mr Serhii Petukhov, Deputy Mister for European Integration of Ministry of Justice, Mrs Olha Stefanishyna, Deputy Director of European Integration Department of Ministry of Justice, Mrs Olena Zerkal, Deputy Minister for European Integration of Ministry of Foreign Affairs of Ukraine, Mrs Olena Kulikovska, Head of Division of Secretariat of the Cabinet of Ministers of Ukraine, Mrs Valentyna Simonenko, Chairman of the Council of Judges of Ukraine.
Mr Hamilton asked about the procedure and essence of initial qualification assessment of a judge. In particular, he wondered whether non-completion of qualification assessment can be a ground for bringing a judge to disciplinary liability. Experts also were interested to know whether exams of initial qualification assessment and qualification examinations for candidates for judicial position will be different, as well as whether the specialization of a judge will be taking into account.
In reply Mr Vasylenko stated that the Regulation on Examination Procedure and Its Evaluation Methodology has already been submitted by the Commission for approval of the Council of Judges of Ukraine. The document meets the requirements of the Law of Ukraine “On the Judiciary and the Status of Judges” and recommendations of European experts.
Furthermore, Mr Vasylenko noted that disciplinary responsibility of judges and their qualification assessment are totally different procedures. He added that the results of the qualification assessment, including initial qualification assessment, can not be ground for disciplinary proceedings and have a consequence of bringing judges to disciplinary liability. The exception to this rule is only the case provided in the transitional provisions of the Law of Ukraine “On Ensuring the Right to a Fair Trial.” However, this issue goes beyond the Commission's powers as it is envisaged by the Law.
The examination during initial qualification assessment will be held in accordance with another procedure than for assessment of candidates for judicial position. The examination questions shall be approved by the CJU and shall contain established legal positions and practice of the Supreme Court of Ukraine and high specialized courts with taking into account judge’s specialization.
The High Qualification Commission of Judges of Ukraine and the Council of Judges of Ukraine shall take into account the specialization of each judge, which is determined by decision of the appropriate meetings of judges.
The representatives of the EU assessment mission rated the position of the Commission and the CJU concerning the issue of initial qualification assessment of judges positively, noting at the same time that some gaps in the regulation of this process are to be eliminated at legislative level, including by elaboration of amendments to the Constitution of Ukraine.
