The Verkhovna Rada registered draft law No. 8342 “On Amendments to the Law of Ukraine “On the Judiciary and the Status of Judges” and some laws of Ukraine on the liquidation of the positions of heads of courts and their deputies, as well as the liquidation of the Council of Judges of Ukraine”. The Anti-Corruption Action Center noted that it is precisely because of the positions and the body that the document proposes to cancel that the influence of the “judicial mafia” remains in Ukraine.
The document is not yet available on the parliament website. However, according to the CPC, the bill provides for the following changes:.
abolition of the Council of Judges as a separate judicial body and transfer of its powers to the High Council of Justice (HJC);
abolition of administrative positions in courts with the transfer of powers of the head of the court to meetings of judges or the head of the court staff.
At the same time, the draft law proposes to retain the position of head of the Supreme Court.
The CPC is convinced that such changes are justified. Indeed, today neither the heads of courts nor the Council of Judges exercise powers that could not be transferred to other players in the judicial system.. However, it is thanks to them, the CPC emphasized, that the so-called “judicial mafia” retains its influence..
“In the last decade, both the heads of courts and the Council of Judges have become an effective tool for putting pressure on judges and maintaining mutual responsibility in the judiciary. For example, it was through the Council of Judges and the heads of courts that judges received instructions on how to vote at congresses and whom to elect to the High Council of Justice or the Constitutional Court,” notes Galina Chizhik, an expert at the CBC.
Draft Law No. 8342 provides that the powers of the Council of Judges to hold a Congress of Judges will be carried out by the Supreme Court of Justice. This transfer of powers is in line with the recommendations of the Venice Commission, which recommends that Ukraine consistently simplify the system of judicial administration.. Most of the organizational and administrative powers of the head of the court will be able to perform the head of the court staff.
“At the same time, on January 11-13, the Council of Judges should hold a congress of judges. It should elect 8 new members of the Supreme Council. Only when all 8 members are elected, it will be possible to resume the work of the Supreme Court of Justice and continue judicial reform in Ukraine. So, the fate of judicial reform depends on the Council of Judges. Its successful implementation is one of the seven conditions that Ukraine must fulfill in order to open negotiations on EU membership,” the CPC added..
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As the head of the CPC Vitaly Shabunin wrote in an article for ZN. UA “Forecast-2023: Ukrainian corruption under the microscope of the West”, one of the important internal fronts this year is judicial reform, in particular, a complete reboot of key judicial bodies – the High Council of Justice (HJC) and the High Qualifications Commission of Judges (HQJC). However, the plans of the judicial mafia for this process are completely different..