High Qualification Commission of Judges of Ukraine suspended the initial qualification assessment of 38 appellate court judges
According to paragraph 6 of Chapter II “Transitional Provisions” of the Law of Ukraine “On ensuring the right to a fair trial” (hereinafter the “Law”) the High Qualification Commission of Judges of Ukraine shall procure the initial qualification assessment of judges in order to define whether they are capable of administering justice in relevant courts. The judges of appellate courts shall pass the initial qualification assessment of judges within 2 years from the effective date of the law.
Pursuant to the Law and in accordance with Articles 83-86 of the Law of Ukraine “On Judiciary and the Status of Judges,” on 22 March 2016 the Commission decided to hold during April-June 2016 initial qualification assessment of the appellate court judges of Kyiv and Kyiv region, approved list of judges who will pass the assessment, as well as schedule for initial qualification assessment and list of tasks for anonymous written test.
According to paragraph 5.9 of the Procedure and methodology of qualification assessment of judges, approved by the Commission Decision as of 21 October 2015 No 67/zp-15 and agreed by the Decision of the Council of Judges of Ukraine as of 11 December 2015 No14, prior to the initial qualification assessment and on any stage of initial qualification assessment the judge may submit to the High Council of Justice the resignation or dismissal in accordance with Article 120 of the Law of Ukraine “On Judiciary and the Status of Judges”. In this case, qualification assessment of the judge is suspended.
Since the beginning of the initial qualification assessment the appellate court judges of Kyiv and Kyiv region in accordance with the Commission’s decisions there were suspended qualification assessments of 38 judges.
These judges are not required to pass the initial qualification assessment till the addressing the issue on their resignation.
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