UNIAN
The Ukrainian Independent Information Agency of News () is a Kyiv-based Ukraine, Ukrainian news agency. It produces and provides political, business and financial information, and a photo reporting service. As of October 2022, it was the most v ...
(31 July 2017) or sometimes the Supreme Council of JusticeAmendments to the Constitution of Ukraine passed: Ukraine takes a major step towards a European System of Justice Lexology (9 June 2016) () is the
national council of the judiciary
The National Council of the Judiciary () is the national council of the judiciary of Poland. It is a public body in Poland responsible for nominating judges and reviewing ethical complaints against sitting jurists.
Establishment and composition
T ...
of
Ukraine
Ukraine is a country in Eastern Europe. It is the List of European countries by area, second-largest country in Europe after Russia, which Russia–Ukraine border, borders it to the east and northeast. Ukraine also borders Belarus to the nor ...
, which submits motions to appoint, dismisses and disciplines judges. In 2021, the Ethics Council was created with the intention of selecting the members of the High Council of Justice in a way that would help to create an independent and efficient judiciary in Ukraine.
Functions
The High Council of Justice has powers to:
* submit motions to the
President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
*President (government title)
President may also refer to:
Arts and entertainment Film and television
*'' Præsident ...
to appoint judges,
* dismiss, suspend or discipline judges,
* give consent to arrest or detain judges,
* transfer or reassign judges to a different court,
* appoint and remove members of the High Qualification Commission of Judges of Ukraine,
* and execute other powers defined by the Laws of Ukraine "On the High Council of Justice" and "On the Judiciary and the Status of Judges".
Composition
There are total of 21 members. The term of membership in the council is four years. It is forbidden to be a member of the council for two tenures in a row.
The appointees include:
* ''
ex officio
An ''ex officio'' member is a member of a body (notably a board, committee, or council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by r ...
'' the Chairman of the
Supreme Court of Ukraine
The Supreme Court of Ukraine () is the highest judicial body in the system of courts of general jurisdiction in Ukraine.Verkhovna Rada
The Verkhovna Rada ( ; VR), officially the Verkhovna Rada of Ukraine, is the unicameralism, unicameral parliament of Ukraine. It consists of 450 Deputy (legislator), deputies presided over by a speaker. The Verkhovna Rada meets in the Verkhovn ...
* 2 appointees of the
President of Ukraine
The president of Ukraine (, ) is the head of state of Ukraine. The president represents the nation in international relations, administers the foreign political activity of the state, conducts negotiations and concludes international treaties. ...
* 2 appointees of the Congress of
Advocate
An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...
s of Ukraine
* 2 appointees of the Congress of representative from law schools and scientific institutions
* 2 appointees of the All-Ukrainian Conference of Employees of
Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...
s ( Procurocy, before 2020).
Membership requirements are:
* citizenship of Ukraine
* older than 35 years
* higher judicial education
* practicing of law no less than 15 years
* she or he must be politically neutral
Ineligible for membership are:
*elected government officials
*members of political parties
*individuals who work for political parties or for other organizations with political goals or that takes part in political activities
*individuals who take part in the organization or funding of political campaigns and other (political) activities
Publications
Official materials of the council is published in the Bulletin of the Supreme Court of Ukraine and in special cases in "Holos Ukrainy" and "Uryadovyi kurier".
History
The ''High Council of Justice'' () was firstly introduced into Ukraine's legal system with the adoption of the 1996 Constitution.
On January 15, 1998, the
Ukrainian Parliament
The Verkhovna Rada ( ; VR), officially the Verkhovna Rada of Ukraine, is the unicameral parliament of Ukraine. It consists of 450 deputies presided over by a speaker. The Verkhovna Rada meets in the Verkhovna Rada building in Ukraine's capi ...
(Verkhovna Rada) adopted the law "On the High Council of Justice" (). After that the majority of the initial Council members were appointed by the respective bodies.''Євдокимов В.О., Полтавець Ю.П.'' Витоки створення Вищої ради юстиції.
The first official session of the council was held on March 31, 1998, and Valeri Yevdokimov was elected its first chairman.
In January 2017, the new law "On the High Council of Justice" () entered into force which re-established the council with the new Ukrainian name ("Вища рада правосуддя"), the new functions and change to its composition. In particular, the Council assumed from the Verkhovna Rada the functions to appoint
judges
A judge is an official who presides over a court.
Judge or Judges may also refer to:
Roles
*Judge, an alternative name for an adjudicator in a competition in theatre, music, sport, etc.
*Judge, an alternative name/aviator call sign for a membe ...
and give consent to detain or arrest judges. The council also became responsible for disciplining and dismissing judges.Poroshenko signs law on High Council of Justice
Interfax-Ukraine
Interfax-Ukraine () is a Ukrainian news agency. Founded in 1992, the company publishes in Ukrainian, Russian, English and German.
The company owns a 50-seat press centre.
The staff of the agency is 105 people (as of the end of February 2022)
...
Ukrayinska Pravda
''Ukrainska Pravda'' is a Ukrainian socio-political online media outlet founded by Heorhii Gongadze in April 2000. After Gongadze’s death in September 2000, the editorial team was led by co-founder Olena Prytula, who remained the editor-in ...
(5 January 2016)
In 2021, the Ethics Council was legally defined by
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
No. 1635-IX, "On amendments to certain legislative acts of Ukraine concerning the procedure for selection (appointment) to the positions of members of the High Council of Justice and the activities of disciplinary inspectors of the High Council of Justice". In November 2021, the composition of the Ethics Council was set, with three Ukrainian members, Supreme Court judge Lev Kyshakevych, Kyiv Court of Appeal judge Yuriy Tryasun, and retired judge Volodymyr Siverin; and three international members, British retired judge Anthony Hooper, United States retired judge
Robert J. Cordy
Robert J. Cordy (born May 18, 1949) is a former Associate Justice of the Massachusetts Supreme Judicial Court who served from 2001 to 2016.
Biography
Cordy graduated from Dartmouth College in 1971 and Harvard Law School in 1974. After graduation, ...
and former Estonian prosecutor-general . In June 2022, the Council started confirming, appointing and refusing members of the High Council of Justice. Anti-corruption organisations including AutoMaidan objected to the council's decisions.
On 1 June 2023 the High Council of Justice appointed all members of the new High Qualification Commission of Judges (HQCJ), which has been dysfunctional since the termination of the previous composition on October 19, 2019.
List of chairmen of the Council
* March 31, 1998 - May 25, 2001—Valeri Yevdokimov, end of term
* May 25, 2001 - March 10, 2004—
Serhii Kivalov
Serhii Vasylovych Kivalov (; born 1 May 1954) is a Ukrainian politician and jurist who served as the head of Central Election Commission (Ukraine), Central Election Commission during the 2004 Ukrainian presidential election which led to the Oran ...
, becoming Head of the
Central Election Commission of Ukraine
The Central Election Commission of Ukraine (, commonly abbreviated as , ); sometimes referred to as the Central Electoral Commission of Ukraine) is a permanent and independent collegiate body of the Ukrainian state that acts on the basis of th ...
* March 10, 2004 - January 20, 2006—Mykola Shelest, becoming judge of the
Supreme Court of Ukraine
The Supreme Court of Ukraine () is the highest judicial body in the system of courts of general jurisdiction in Ukraine. end of term
* March 22, 2010 - May 16, 2013 —Volodymyr Kolesnychenko
* July 4, 2013 - April 10, 2014 —
Oleksandr Lavrynovych
Oleksandr Volodymyrovych Lavrynovych (; born June 28, 1956) is a Ukrainian physicist, lawyer, politician, former member of the High Council of Justice (Ukraine), Supreme Council of Justice of Ukraine, a former Ukraine, Ukrainian member of parlia ...
* June 9, 2015 - April 16, 2019—Ihor Benedysiuk
* April 16, 2019 - September 24, 2019—Volodymyr Hovorukha
* September 24, 2019 - March 11, 2021—Andriy Ovsienko
* March 2021 - January 2022 — (acting) Oleksii Malovatskyi
* January 24, 2022 - May 8, 2022 — (acting) Viktor Hryschuk
* May 2022 - January 2023 — (acting) Vitalii Salikhov
* January 23, 2023 - ''present''—Hryhorii Usyk