Measure
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.
Measure status:
Actual execution date:
19.10.2023
The measure is aimed at achieving ESR:
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
Problem solving:
2.1.3. Lack of effective mechanisms for maintaining the integrity of the judiciary and responding to established facts of influence, pressure on judges and interference in their activities
Deadlines:
Responsible implementors (authorities):
Sources of funding:
state budget
Volumes of financing (thousand UAH):
within the established budget allocations for the relevant year
Performance indicator:
The draft law has been submitted to the Parliament of Ukraine.
Implementing status
Progress/Result of implementation:
Implemented in a different way. On October 19, 2023, the Law of Ukraine dated September 06, 2023 No. 3378-IX On Amendments to the Law of Ukraine On the Judiciary and the Status of Judges and Certain Laws of Ukraine on Amending the Status and Procedure for Forming the Service of Disciplinary Inspectors of the High Council of Justice (hereinafter - the Law No. 3378-IX) came into force. The Law No. 3378-IX amends, in particular, Articles 49-51 of the Law of Ukraine On the High Council of Justice, which regulate the procedure for considering disciplinary proceedings against judges and appeals against decisions to bring them to disciplinary liability. The draft law was submitted to the Verkhovna Rada of Ukraine by Parliament Members.
The Law No. 3378-IX sets out in a new version part one of Article 49 of the Law of Ukraine On the High Council of Justice and provides that proceedings of a meeting shall be broadcast in real time on the official website of the High Council of Justice, except as provided for in part two of this article. According to part two of Article 49 of the Law of Ukraine On the High Council of Justice, consideration of a disciplinary case in a closed session of the Disciplinary Chamber takes place
1) if consideration in an open session may lead to disclosure of secrets protected by law, and
2) to prevent the disclosure of information about intimate or other personal aspects of the lives of persons participating in the disciplinary proceedings.
Based on a reasoned request of the disciplinary inspector of the High Council of Justice, who is a speaker, judge, complainant, their representatives, or on its own initiative, the Disciplinary Chamber may not broadcast such a meeting by adopting a respective decision.
These provisions also apply when considering an appeal against a decision of the Disciplinary Chamber to bring a judge to disciplinary liability.
The Law No. 3378-IX sets out in a new version part four of Article 50 of the Law of Ukraine On the High Council of Justice and provides that the decision in a disciplinary case is made by open roll-call vote by a simple majority of votes, as well as part eleven of Article 51 and establishes that the decision on the results of consideration of an appeal against the decision of the Disciplinary Chamber in a disciplinary case is made by the High Council of Justice by open roll-call vote.
In addition, the Law No. 3378-IX established time limits for each stage of disciplinary proceedings.
Thus, the provisions of the Law of Ukraine No. 3378-IX On Amendments to the Law of Ukraine On the Judiciary and the Status of Judges and Certain Laws of Ukraine on Amending the Status and Procedure for Forming the Service of Disciplinary Inspectors of the High Council of Justice ensure the implementation of measure 2.1.3.3.1.