The issue on integration of the HQCJU with the HCJ was discussed, 3 June, 2015
In the framework of the EU Project «Support to reform the judicial responsibility in Ukraine», today, on 3 June 2015, the final meeting of national experts of the project on cooperation with the HQCJU was held.
The discussion concerned the model for reform of judicial authorities and implementation of the provisions of the new legislation regarding the actions of the Commission in respect of disciplinary responsibility of judges.
The round table was attended by Mr Sergii Koziakov, the Commission Chairman, Mr Mykola Patriuk, Deputy Chairman of the Commission, Mr Oleksandr Volkov, Judge of the Supreme Court of Ukraine, Mr Mikhailo Smokovych, Deputy Chairman of the High Administrative Court of Ukraine, Mrs Nataliia Shuklina, Prorector of the National School of Judges of Ukraine, Mrs Lilit Daneghian, Head of Projects Coordination and Development Division of Justice and Legal Co-operation Department of the Council of Europe, Mr Andrii Kavakin, Project Manager, Mrs Olena Ponomarenko, Head of the Commission Secretariat and others.
The issue of integration of the High Council of Justice and High Qualification Commission of Judges of Ukraine caused a lively discussion during the first session. Mr Andrii Vasilenko and Mr Ivan Nazarov, national project experts presented their suggestions on this matter.
Mr Vasylenko, Advisor to the Chairman of the Commission ended up with the options on integrated legal institutions that were considered by the Working Group of the Constitutional Commission on Justice. The two options were suggested with taking the account of standards and recommendations of the Council of Europe, as well.
The first suggestion was to create the Council of Judicature – a single judiciary body consisting of integrated High Qualification Commission of Judges of Ukraine and the High Council of Justice – through the reforming their composition, functions and powers. The second one contained a proposition to implement a reform of the two bodies without their integration. In addition it was proposed to change the name of the HCJ on the High Disciplinary Commission of Judges of Ukraine which main function will be the consideration of cases and deciding on bringing judges to disciplinary liability and their removal from the office. Instead, the High Qualification Commission will deal with the selection, election, appointment and dismissal of judges and qualification assessment of the judge, conducting the judicial dossier and judicial training.
Mr Ivan Nazarov, Professor of the Department of Organization of Judicial and Law-Enforcement Bodies of the Yaroslav Mudryi National Law University suggested four options for reforming the system of authorities responsible for the formation of the judicial corps and the quality of judicial personnel. In his report Mr Nasarov suggested either to stay the current model of the HCJ and the HQCJU or to integrate the two bodies. Two other options were the elimination of one of the bodies and the unification of all powers in a single integrated body.
As was noted by Mr Koziakov, Chairman of the Commission the main thing is to insure the immediate work of the bodies after the reform in order not to repeat the situation of the last year when after the amendments to the legislature the Commission and the HCJ stopped their work.
In turn, Mrs Daneghian insisted on meeting with the standards and recommendations of the Council of Europe, including the question of implementation by Ukraine of the ECHR judgment in the case "Oleksandr Volkov v. Ukraine" while implementing the changes of two bodies.
During the second session Mrs Olena Ovcharenko and Mr Igor Korniiuk, national experts presented the issues of disciplinary responsibility of judges. In particular, the experts proposed to improve the relevant provisions of the Regulations of the HQCJU. The problematic aspects of enforcing the decisions on applying disciplinary sanctions to the judge were also actively discussed at the round table.
