Hryhoriy Usyk, Chairman of the High Council of Justice, opposes the re-certification of the Supreme Court and the reduction of its membership, which he spoke about in an interview with Inna Vedernikova: “The Grand Chamber of the Supreme Court needs to be reformed, but no re-certification of judges”. In particular, the head of the Supreme Court is convinced that the situation with the cleansing of the judiciary from unvirtuous judges is better solved due to disciplinary proceedings.. True, not everything is so good with the latter in Ukraine now..

" I don’t see the point in recertification, if dishonest and incompetent judges can be identified, including through disciplinary proceedings. What is the problem, why start this recertification circle again? "

At the same time, it should be noted that the disciplinary function of the High Council of Justice has been blocked for more than two years.. However, despite 10,000 pending disciplinary proceedings, Usyk is convinced that “this is just about prevention and the inevitability of punishment at all levels.. But it makes no sense to come up with recertification when we have an effective mechanism that needs to be applied urgently.”.

The Verkhovna Rada recently took a step towards unblocking the work of the Service of Disciplinary Inspectors of the Supreme Court of Justice, when it adopted in the first reading amendments to the law already adopted several years ago. Although it is also imperfect and needs to be finalized before the second reading..

“Earlier, this procedure was carried out by the disciplinary chamber of the Supreme Court. Why did the idea arise to distinguish between the disciplinary inspection and the main composition of the High Council of Justice? To reduce the subjective influence and approach of the members of the Supreme Court of Justice at the stage of preliminary checks of the proceedings of violating judges. Final decision on the Council, but preparation of arguments - on an independent disciplinary inspection. Unfortunately, with the law of 2021, the disciplinary function of the VRP was stopped and there are no transitional provisions. We wanted the best, but it turned out, as always, ”said Usyk..

At the same time, the head of the profile committee of the Verkhovna Rada, Denis Maslov, promises that the law on the service of disciplinary inspectors will soon be adopted in the second reading..

“As for the changes to the bill, it is difficult to assume that they will be significant.. A possible option is to put the inspectors on the same level as the judges of the Supreme Court, having made a minimum ten years of experience.. A priori, it is impossible to take a novice lawyer to check a disciplinary complaint about holding an experienced judge of the cassation instance liable. Plus, contrary to martial law, the entire selection procedure for the formation of the institution of disciplinary inspectors must be followed. Quality is the most important. It will take about three months, during which the VRP will consider complaints according to the old procedure,” Usyk said..

The important point is that cases are subject to statute of limitations.. In particular, in disciplinary proceedings against judges of the District Administrative Court of Kyiv, the statute of limitations will soon expire (the case of the “Vovk tapes” about an attempt to seize state power). This raises logical questions, what will be the priorities for considering this layer of violations and how they will determine who is in the first place, who is in the second?

“Ahead is a thorough analytical work on the duration and severity of complaints. Although it is clear that this will attract criticism. Like, biased approach, selectivity and all that. Therefore, most likely, you need to follow the deadline criterion. Then no one will ask why my production was pulled out, and someone is lying. Thus, you can immediately get rid of the layer of cases, the terms of which may expire, and there are enough of them since 2019, ”Usyk noted in this context..

Recall, on May 30, the Verkhovna Rada adopted in the first reading the draft law No. 9261 “On Amendments to Certain Laws of Ukraine on the Resumption of Consideration of Cases on Disciplinary Liability of Judges and Ensuring the Work of the Service of Disciplinary Inspectors of the High Council of Justice”. The document was supported as a basis by 267 people's deputies. Among other things, the document clarifies the requirements for the disciplinary inspector of the VSP.

Two years ago, the Verkhovna Rada adopted Law No. 5068 on the procedure for the election (appointment) to the positions of members of the High Council of Justice and the activities of disciplinary inspectors of the VRP. At the same time, the service of disciplinary inspectors failed to form.

Already at the time of the adoption of Law No. 5068, it was clear that one of the most important functions of the PRP would not work due to the fact that in Ukraine there are simply no lawyers who meet the requirements established by law. After all, according to the current document, future inspectors must have at least 15 years of professional experience in the field of law, of which at least eight years of total experience in the positions of a judge, prosecutor, lawyer.

ZN. UA found out the causes and consequences of blocking the disciplinary commissions of the VRP and immediately warned readers and the authorities about this.