The HCJ, HQCJU and CJU united to restore confidence in the judiciary of Ukraine
This was announced at the joint briefing of leaders of the High Council of Justice (HCJ), the High Qualification Commission of Judges of Ukraine (HQCJU) and the Council of Judges of Ukraine (CJU), that was held in Kiev on 25 March and devoted to report on the measures, implemented by the judiciary to restore public confidence.
Mr. Ihor Benedysiuk, Chairman of the HCJ, Mr. Sergii Koziakov, Chairman of the HQCJU, and Mrs. Valentyna Simonenko, Chairman of the CJU took part in the briefing.
During the event the leaders of the judicial bodies reported about the steps that have been taking for creating highly qualified judicial corps, namely results of qualification assessment of judges, reviewing disciplinary cases, established cooperation with the public and mass media, etc.
Chairman of the High Council of Justice Mr. Ihor Benedysiuk informed of the results of reviewing disciplinary cases against judges by the HCJ. “Realizing the great public inquiry to restore confidence in the judiciary, we have launched coordination of the High Council of Justice, the High Qualification Commission of Judges of Ukraine and the Council of Judges of Ukraine to purify the judiciary faster”, – said Mr. Benedysiuk.
The Chairman of the HCJ reminded that the body commenced its work in composition, formed under the Law of Ukraine “On ensuring the right to a fair trial” on 9 June 2015, after the Law “On restoring confidence in the judiciary in Ukraine” has terminated the work of previous HCJ composition on 11 April 2014. During this time, the HCJ had received more than 9 thousands of complains against judges. As for today about 50% of the total number of complaints has been reviewed, and more than 2 000 complaints against judges were considered admissible. The current composition of the HCJ has been working in intensive mode since its formation and as for 25 March 2016 it held 29 HCJ meetings and 50 meetings of Sections. For 10 months of the HCJ work it has submitted a motion for the dismissal of 330 judges under special circumstances. 6 judges of them were dismissed in connection with the entry into force of conviction verdict. The the activity of 323 judges it stated the violation of oath. On 298 of this first instance and appellate court judges from Crimea (276) and Donetsk (14) the High Qualification Commission of Judges has reviewed the disciplinary proceedings and submitted respective recommendations to the HCJ. During holding the judicial position by these judges, according to the applicable law, they also were appointed to the so-called justice authorities of temporarily uncontrolled Ukrainian territories and violated the oath thereby. The HCJ opened disciplinary proceedings against 6 judges of high specialized courts. Regarding 2 judges the HCJ decided to submit a motion to the Parliament of Ukraine on their dismissal from office for oath violation.
For today upon all (41) findings of the Interim Special Commission for inspection of general court judges the HCJ has opened disciplinary cases and completed consideration regarding 90% of them. The HCJ submitted a motion for the removal of 23 judges for oath violation in cases concerning Maidan activists.
According to the Chairman of the HCJ upon the results of 1 year period the HCJ will analyze violations committed by judges, which will be the basis for the improvement of the judicial system, legislative changes, training programs at the National School of Judges, etc.
The HCJ also opened 13 cases on violation of the incompatibility requirements of the Law of Ukraine “On purification of authorities.” Currently, there was made a decision on submitting a motion to the Parliament of Ukraine on the dismissal of Tatkov V.I. from the office of judge of the High Commercial Court of Ukraine on the grounds of violation of law in part of incompatibility.
After reviewing the materials on the dismissal of judges from office on general grounds HCJ took 520 decisions on submitting motions on the dismissal of judges to the President of Ukraine and the Parliament of Ukraine. Among them 391judges were retired, 93 were dismissed by own will. With respect to 101 judges, the HCJ suspended the consideration of materials on their dismissal basing on general grounds until the High Qualification Commission of Judges of Ukraine or the High Council of Justice will consider disciplinary proceedings against these judges.
The Chairman of the Council of Judges of Ukraine Mrs. Valentyna Simonenko announced the results of CJU work on the legal protection of judges and court staff, supervising the organization of the courts, the independent status of judges. Mrs. Simonenko also drew the attention of the media that despite the termination by the legislator the powers of disciplinary authorities (HCJ and HQCJU) in 2014 it were the judiciary authorities who the first appointed their representatives to the newly Interim Special Commission for inspection of general court judges, the newly High Council of Justice and the High Qualification Commission judges of Ukraine. “The Council of Judges adopted a number of documents on the judicial qualification assessment and resolution of real or potential conflict of interest relating to the application of anti-corruption laws,” – said Mrs. Valentyna Simonenko. The CJU also oversees the organization of the courts, the methods of assessment of public courts. “The relevant questionnaire will include inter alia assessment of the quality and validity of court decisions by the court users. They will be published on the websites of the courts, and the data from this surveys will be used for improving the work of courts and judges”, - said Mrs. Simonenko.
The first results of the new initially qualification assessment procedures that are to be applied to all judges of Ukraine were presented by the Chairman of the High Qualification Commission of Judges of Ukraine Mr. Sergii Koziakov. Chairman of the HQCJU stressed that qualification assessment includes two components – anonymous testing and discussion of its results, and reviewing of judicial dossier – which is another new legal institution, launched in Ukrainian legislation last year. Mr. Koziakov also noted that the HQCJU launched the initial qualification assessment of judges on 17 February 2016. The first judges subject to assessment are the representatives of the local courts, whose 5-year term of office has come to an end.
“73 judges applying for lifetime judicial election have participated in the assessment. For 54 judges the assessment finished successfully. 9 judges failed to pass the assessment. The Commission suspended them from the administration of justice. Regarding 10 judges the Commission took a recess in defining the assessment results due to the need for additional verification of judicial dossier data” - said Mr. Koziakov.
Judges suspended from the administration of justice were sent by the Commission to the National School of Judges of Ukraine to undergo training, which will last until 22 August 2016. After graduation, they will be subject to reassessment. If the judge does not pass it, he or she will be recommended for dismissal.
By the end of March other 20 judges, whose 5-year term of office has come to an end, will pass the initial qualification assessment. After that, the HQCJU will start assessing appellate judges.
“On 22 March 2016 the Commission decided to hold during April-June 2016 the initial qualification assessment of appellate judges. We are beginning with the appellate courts of Kyiv and Kyiv region. The schedule, list of judges and list of tasks have already been approved,” - said Mr. Koziakov. Overall participation in initial qualification assessment shall cover about 8 thousands of people.
However, briefing participants drew attention to the fact that the Parliament of Ukraine has not implemented the decisions of the High Council of Justice and the High Qualification Commission of Judges of Ukraine on consideration of motions regarding the appointment and dismissal of judges.
“Purification of the judiciary is a process of dismissal of offender-judges and filling the system with new personnel, but now this process is hampered, creating obstacles to purify the judiciary” - said Mr. Ihor Benedysiuk. According to Mrs. Valentyna Simonenko, Chairmen of the CJU, HQCJU and HCJ have more than once separately and jointly appealed to the Chairman of the Parliament of Ukraine, but the issue is not resolved.
Briefing participants expressed hope for public support in this matter and in the implementation of positive processes in the judicial system of Ukraine, promising that such meetings with the public and media will be held monthly.
