Expected strategic result 2.1.3.3. The disciplinary practice with respect to judges is consistent, predictable, stable, and open; all decisions of the disciplinary authority are made public on time; disciplinary proceedings against judges are generally open and broadcast in real time
Measures — 4
2.1.3.3.1.
Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) stipulates that sessions of Disciplinary Chambers of the High Council of Justice shall be public with real-time video broadcasts;
2) stipulates that the sessions of the High Council of Justice convened to examine complaints against decisions of Disciplinary Chambers following the review of disciplinary proceedings against a judge shall be public with real-time video broadcasts;
3) defines the exhaustive list of grounds for an examination behind closed doors during a session of Disciplinary Chambers of the High Council of Justice without real-time video broadcasts;
4) establishes the exhaustive list of grounds for holding an examination behind closed doors during the session of the High Council of Justice convened to examine complaints against decisions of Disciplinary Chambers following the review of disciplinary proceedings against a judge without real-time video broadcasts;
5) stipulates that an examination behind closed doors during a session of Disciplinary Chambers of the High Council of Justice without real-time video broadcasts is possible only based on a well-reasoned decision of the Disciplinary Chambers of the High Council of Justice with the substantiation of the existence of the relevant grounds prescribed by law;
6) stipulates that an examination behind closed doors during a session of the High Council of Justice convened to examine complaints against decisions of Disciplinary Chambers of the High Council of Justice without real-time video broadcasts is possible only based on a well-reasoned decision of the High Council of Justice with the substantiation of the existence of the relevant grounds prescribed by law;
7) defines a clear time frame for each stage of the disciplinary proceeding, which would rule out the possibility of unreasonable delays in the review of disciplinary complaints;
8) provides for open and roll-call voting by members of the Disciplinary Chambers of the High Council of Justice and by the High Council of Justice on decisions in disciplinary cases.
The main implementer: Ministry of Justice of Ukraine
2.1.3.3.2. Preparing and annually publishing summaries of the disciplinary practice of Disciplinary Chambers of the High Council of Justice for the previous calendar year
The main implementer: High Council of Justice
2.1.3.3.3. Preparing and annually publishing summaries of the disciplinary practice of the High Council of Justice in revising the decisions of Disciplinary Chambers of the High Council of Justice for the previous calendar year
The main implementer: High Council of Justice
2.1.3.3.4. Holding annual discussions of the summaries of judicial practice prepared by Disciplinary Chambers of the High Council of Justice and by the High Council of Justice, with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
The main implementer: High Council of Justice
Indicators — 3
A law has taken effect, which:
a) stipulates that sessions of disciplinary chambers of the High Council of Justice shall be public with real-time video broadcasts (10 percent);
b) stipulates that the sessions of the High Council of Justice convened to examine complaints against decisions of disciplinary chambers following the review of disciplinary proceedings against a judge shall be public with real-time video broadcasts (10 percent);
c) defines the exhaustive list of grounds for an examination behind closed doors during a session of disciplinary chambers of the High Council of Justice without real-time video broadcasts (5 percent);
d) establishes the exhaustive list of grounds for holding an examination behind closed doors during the session of the High Council of Justice convened to examine complaints against decisions of disciplinary chambers following the review of disciplinary proceedings against a judge without real-time video broadcasts (5 percent);
e) stipulates that an examination behind closed doors during a session of disciplinary chambers of the High Council of Justice without real-time video broadcasts is possible only based on a well-reasoned decision of the disciplinary chambers of the High Council of Justice with the substantiation of the existence of the relevant grounds prescribed by law (5 percent);
f) stipulates that an examination behind closed doors during a session of the High Council of Justice convened to examine complaints against decisions of disciplinary chambers of the High Council of Justice without real-time video broadcasts is possible only based on a well-reasoned decision of the High Council of Justice with the substantiation of the existence of the relevant grounds prescribed by law (5 percent);
g) defines a clear time frame for each stage of the disciplinary proceeding, which would rule out the possibility of unreasonable delays in the review of disciplinary complaints (10 percent);
h) provides for open and roll-call voting by members of the disciplinary chambers of the High Council of Justice and by the High Council of Justice on decisions in disciplinary cases (10 percent).
Each year, consolidated information is prepared and published with respect to:
a) the disciplinary practice of disciplinary chambers of the High Council of Justice (10 percent);
b) the disciplinary practice of the High Council of Justice in revising the decisions of disciplinary chambers of the High Council of Justice (10 percent).
at least 80 percent of justice experts estimate that:
a) decisions of the disciplinary chambers of the High Council of Justice following the review of disciplinary complaints, disciplinary proceedings against judges are always duly substantiated and motivated (5 percent);
b) decisions of the High Council of Justice following the review of complaints against decisions of the disciplinary chambers of the High Council of Justice to impose disciplinary penalties on a judge are always duly substantiated and motivated (5 percent);
c) a closed hearing during a meeting of the disciplinary authority without providing real-time video broadcasting is conducted only in exceptional cases if there are grounds established by law and proper justification for such a decision (5 percent);
d) a closed hearing during a meeting of the High Council of Justice examining complaints against decisions of disciplinary chambers of the High Council of Justice without providing real-time video broadcasting is conducted only in exceptional cases if there are grounds established by law and proper justification for such a decision (5 percent).