Supreme Council of Justice
The Supreme Council of Justice (Ukrainian: Вища рада правосуддя) is the national council of the judiciary of Ukraine, which nominates judges to be appointed by the President of Ukraine.[2] In 2021, the Ethics Council was created with the intention of selecting the members of the Supreme Council of Justice in a way that would help to create an independent and efficient judiciary in Ukraine.[3][4]
Вища рада правосуддя | |
Agency overview | |
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Formed | 31 March 1998 |
Jurisdiction | Ukraine |
Headquarters | 12-a, Studentska str, Kyiv |
Agency executive |
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Website | www.vru.gov.ua |
Ukraine portal |
Functions
The Supreme Council of Justice of Ukraine advises on the appointment or release of certain judges, examines the cases of infringements, and executes disciplinary proceedings involving judges of the Supreme Court of Ukraine[5] and other high specialized courts.
Composition
There are total of 21 members.[6] The term of membership in the council is four years.[6] It is forbidden to be a member of the council for two tenures in a row.[6]
The appointees include:[6]
- ex officio the Chairman of the Supreme Court of Ukraine
- 10 appointees of the Congress of Judges of Ukraine
- 2 appointees of the Verkhovna Rada
- 2 appointees of the President of Ukraine
- 2 appointees of the Congress of Advocates 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 Procurocy (Prosecutors)
Membership requirements are:[6]
- 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:[6]
- 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
In 2017 it replaced the High Council of Justice (“Вища рада юстицїї”).[6][7][2] The same year the competence to appoint and to remove judges was transferred from the Ukrainian Parliament (Verkhovna Rada) to the Supreme Council of Justice.[2][8]
The council was established on March 31, 1998 with the first session of it. The first chairman of the council became Valeri Yevdokimov.[9] Its revamped 2017 version was established in January 2017.[7]
In 2021, the Ethics Council was legally defined by law 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".[3] 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 and former Estonian prosecutor-general Lavly Perling.[10][11] In June 2022, the Council started confirming, appointing and refusing members of the Supreme Council of Justice. Anti-corruption organisations including AutoMaidan objected to the Council's decisions.[4][11]
List of chairmen of the Council
- March 31, 1998 - May 25, 2001—Valeri Yevdokimov, end of term
- May 25, 2001 - March 10, 2004—Serhiy Kivalov, becoming Head of the Central Election Commission of Ukraine
- March 10, 2004 - January 13, 2006—Mykola Shelest, becoming judge of the Supreme Court of Ukraine
- January 13, 2006 - March 28, 2007 -- (acting) Lidiya Izovitova
- March 28, 2007 - March 22, 2010—Lidiya Izovitova, end of term
- March 22, 2010 - ????—Volodymyr Kolesnychenko
- ???? - present—Ihor Benedysiuk[1]
See also
References
- Kyiv judge shoots at activists after alleged attack on him near his house (Video), UNIAN (18 March 2017)
- Amendments to the Constitution of Ukraine passed: Ukraine takes a major step towards a European System of Justice, Lexology (9 June 2016)
- Buquicchio, Gianni (2021-09-21). "Ukraine – Urgent need to set up the Ethics Council – statement by President Buquicchio". Venice Commission. Archived from the original on 2021-09-30. Retrieved 2022-07-10.
- Sukhov, Oleg (2022-06-24). "Watchdogs say Ukraine's judicial reform on brink of catastrophe". Kyiv Independent. Archived from the original on 2022-06-24. Retrieved 2022-07-09.
- U.S. Embassy: Integrity concerns of Ukraine Supreme Court nominees remain, UNIAN (31 July 2017)
- Poroshenko signs law on High Council of Justice, Interfax-Ukraine (3 January 2017)
- (in Ukrainian) The law on the High Council of Justice earned, Ukrayinska Pravda (5 January 2016)
- President signs law on High Council of Justice – MP Yemets, Ukrinform (29 December 2016)
- Valeri Yevdokimov profile
- "The first composition of the Ethics Council was formed in Ukraine". UATV. 2021-11-09. Archived from the original on 2021-11-11. Retrieved 2022-07-10.
- Sukhov, Oleg (2022-07-08). "Oleg Sukhov: Ukrainian kleptocrats use war to entrench corruption, with Western experts as facade". Kyiv Independent. Archived from the original on 2022-07-09. Retrieved 2022-07-09.