Concerning situation around competition for position of a local court judge
In view of the fact that there has recently been a repeated public dissemination of inaccurate information regarding the competition for vacancies of local court judges, which may create a false impression about the activities of the Commission, we hereby inform the following.
According to the Articles 79 and 93 of the Law of Ukraine “On the Judiciary and the Status of Judges”, the recording of data on the number of judicial positions in courts, including vacancies, as well as the announcement of the competition for occupying vacant positions of judges belongs exclusively to the powers of the Commission.
We emphasize that the resolution of these issues does not belong to the authority of any other body and individual officials.
Concerning the number of vacant judicial positions!
By Decrees of the President of Ukraine dated 12.12.2017 No. 412/2017, No. 413/2017, dated 29.12.2017 No. 449/2017, No. 450/2017, No. 451/2017 and No. 453/2017, local courts were liquidated and reorganized, as well as new relevant circuit courts were created.
The maximum number of judges in the network of local courts, the functioning of which had been envisaged before the relevant orders were issued, was 6 080.
According to the Article 19, part 6, of the Law of Ukraine “On the Judiciary and Status of Judges”, the number of judges in a court shall be determined by the State Judicial Administration of Ukraine in agreement with the High Council of Justice, and the Article 79 of this Law provides that the competition may be declared exclusively in relation to vacant judicial positions in court.
The High Council of Justice on April 18, 2019 and the State Judicial Administration of Ukraine on April 25, 2019 determined that the temporary number of judges in the newly formed local circuit courts for 2019 is 4 903 units.
Taking into account the maximum number of judges in local courts that should function in Ukraine (newly formed) and the actual number of judges of local courts of Ukraine who can take positions in the newly formed courts (4 109), the number of vacant positions of local court judges in Ukraine should be 794.
We note that the application of other approaches to determining the relevant number is incorrect and may lead to the situation where the actual number of judges of local courts will exceed the maximum number of the positions in them (if to count the number of vacant positions of judges of local courts as the ratio of the actual number of judges to the maximum number of the judicial positions in the network of local courts, which have been liquidated or reorganized).
Concerning situation as to selection and competition for the position of a judge!
We note that selection and competition for the judicial position are separate stages of the procedure for occupying the judicial position and have different legal regulations.
Concerning the selection for the judicial position
According to the Article 72 of the Law of Ukraine “On the Judiciary and the Status of Judges”, the selection of judicial candidates includes the admission exam taken by persons admitted to the selection, organization of the background check regarding the persons by the High Qualification Commission of Judges of Ukraine in accordance with the procedure established by the anti-corruption legislation, taking into account the specifics stipulated by this Law; as well as initial training and the qualification exam, with the completion of which the formation of the reserve shall be carried out to fill vacant positions of judges.
The Law of Ukraine “On the Judiciary and the Status of Judges” specifies the right to special participation in the selection for persons, who at the moment of submission of documents for participation in it have the experience of work as an assistant of a judge for at least three years, and persons who meet the requirements of the Section XII, paragraph 29, 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 this Law comes into force, and candidates with regard to whom recommendations of the High Qualification Commission of Judges of Ukraine were made as of the day when this Law comes into force but who were not appointed to judicial position).
The selection of candidates for the position of a judge of a local court was announced by the Commission on April 3, 2017.
5 420 persons applied for participation in the selection.
The results of the qualification exam were defined on April 19, 2019, May 14, 2015, and May 15, 2015. At the same time, by the formation of the reserve of candidates for vacant positions of judges of local general, commercial and administrative courts the Commission completed the selection for the position of a local court judge for persons, who were entitled to special participation in it.
The duration of the determination of the results of the qualification exam resulted, in particular, from the uncertainty of the maximum number of judicial positions in the newly formed local courts, which made it impossible for candidates to exercise their right to participate in the competition.
The number of persons enrolled to the reserve is 722.
The qualification examination by the next group of candidates for the position of a judge (who at the time of submission of documents for participation in the selection had no right to special participation in it) will be conducted from July 25 to August 29, 2019.
The number of persons, who were admitted to the qualification examination and who may potentially be additionally enrolled to the reserve is 370.
Concerning the competition for the judicial position
For the purposes of announcing the competition for vacant positions of local court judges, the Commission during 2018-2019 appealed repeatedly to the State Judicial Administration of Ukraine and the High Council of Justice on determining and agreeing on the number of judicial positions in the newly formed local courts (Commission Letter dated 04.04.2018 No. 21-1586/18, dated 17.10.2018 No. 21-5552/18, dated 04.04.2019 No. 21-2110/19 and No. 21-2111/19).
It should be noted that the announcement of the competition for vacant positions of judges of local courts until April 25, 2019 (the date when the State Judicial Administration of Ukraine determined the maximum number of judicial positions in the newly formed courts) was not considered to be possible given that, in particular, it was impossible to determine the number of vacant positions of judges for which such a competition should be held.
Concerning the issue of occupying the judicial positions the Commission, in particular, received the decision of the Council of Judges of Ukraine dated 19.04.2019 No. 18 with the recommendation to transfer judges to the newly formed circuit courts (currently not applicable), as well as the decision of the High Council of Justice dated June 20, 2019 No. 1692 /0/15-19 concerning the necessity of the urgent announcement of the competition for occupying vacant positions of judges in existing local general courts.
The Commission began to prepare for resolving the issue on the number of vacancies, for which the competition will be announced, right after the maximum number of judicial positions in the newly formed courts had been determined. The length of this preparation resulted, in particular, from the work on determining the current situation with the number of vacant positions of judges, as well as their distribution in groups in order to ensure equal access to judicial positions in each region for both judges and for all categories of judicial candidates: 1 ) who are currently in reserve; 2) who will pass the qualification examination during July-August 2019.
On the eve of the Constitution Day of Ukraine, we sincerely congratulate the whole Ukrainian people on this outstanding holiday and wish the Constitution to be strictly observed. And we are calling on the state authorities and self-government bodies and their officials to respect the provisions of part two of the Article 19 of the Constitution of Ukraine regarding their obligation to act only on the basis, within powers and in the manner provided by the Constitution and laws of Ukraine.
We also inform that the competition for vacancies of judges of local courts for judicial candidates is scheduled to be announced the next week.
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