2018-06-22T11:44:00+03:00 Politics 2024-08-15T09:55:25+03:00

Ukrainian news

Transfer Of 'Old' Supreme Court Judges To Disbanded Courts Nothing But Reprisal - Judge Kanyhina

Transfer Of 'Old' Supreme Court Judges To Disbanded Courts Nothing But Reprisal - Judge Kanyhina

Supreme Court judge Halyna Kanyhina believes that a recommendation of the High Qualification Commission of Judges (HQCJ) to transfer 12 judges from the 'old' Supreme Court to the appeal courts of Kyiv and Kyiv region is unconstitutional, and in fact, is nothing but a reprisal.

She has said this to the Ukrainian News Agency.

In particular, the HQCJ recommended appointment of judge Oleksandr Volkov to the Appeal Administrative Court of Kyiv; judge Svitlana Vus — to the Kyiv Court of Appeal, judge Vasyl Humeniuk — to the Appeal Court of Kyiv Region, judge Anatolii Yemets — to the Kyiv Appeal Economic Court; judge Tetiana Zhaivoronok — to the Kyiv Appeal Economic Court; judge Halyna Kanyhina — to the Appeal Court of Kyiv Region; judge Yelyzaveta Kovtiuk — to the Appeal Court of Kyiv Region, judge Mykola Korotkevych — to Appeal Court of Kyiv Region, judge Oleh Kryvenda — to the Appeal Administrative Court of Kyiv, judge Liudmyla Okhrymchuk — to Appeal Court of Kyiv Region; judge Bohdan Poshva — to the Kyiv Court of Appeal; and judge Viktor Shkoliarov — to the Appeal Court of Kyiv Region.

"That is an unconstitutional decision and action. In compliance with Article 131 of the Constitution of Ukraine, only the High Council of Public Justice (HCPJ) is authorized to transfer judges to other courts. The HQCJ is not authorized to take any decision on further career of a judge," Kanyhina said.

The judge noted that renaming of the highest judicial body (Supreme Court; the name of the state has been removed from its name) does not indicate its disbandment.

No one has disbanded the Supreme Court in the territory of Ukraine over the last 100 years, they have only renamed it, the Supreme Court of the Ukrainian Soviet Socialist Republic once was renamed as the Supreme Court of Ukraine.

In compliance with Sub-Item 3, Item 16-1 of the Transitional Provisions of the Constitution of Ukraine, permanent judges continue exercising their authorities until their dismissal or termination of their authorities only based on the grounds enshrined in the Constitution (wording 1401-VIII).

There has been no executive order on disbandment of the constitutional body of the Supreme Court.

The Supreme Court of Ukraine has been the highest judicial body of the state of Ukraine, however, its name does not contain the word 'Ukraine' itself.

It is not being closed down, but reorganized: cassation courts have replaced respective judicial chambers.

"Some judges are denied access to effectuation of justice. That's not just a discrimination, but features of the usurpation of judicial power. Even the Yanukovych-times officials' attempts to usurp the power look childish compared with those of the incumbent ones who simply throw the judges away," the judge said.

In October 2016, the judges of the Supreme Court addressed the Constitutional Court complaining about unconstitutionality, in their opinion, of some provisions of the Law of Ukraine On Judicial System and Status of Judges.

In their appeal, the judges said the Supreme Court could not be disbanded, however, the Constitutional Court kept silent and six months since the start of the hearing (November 21, 2017) have passed already.

"If the HQCJ considers that judges may fall subject to Item 7 of the Transitional Provisions of the Law of Ukraine On Judicial System and Status of Judges, why then we were not transferred in 2016-2017, why 2018? Where are we transferred to? To the disbanded courts. The Supreme Court has not been disbanded, however, the Kyiv Court of Appeal and the Appeal Court of Kyiv Region have been. A new court is being established on their basis called the Kyiv District Court in the territory of Kyiv and Kyiv region. We are being transferred from a non-disbanded court to a disbanded inferior court," Kanyhina said.

The judge noted that for over a year, the 'old' judges of the Supreme Court had continued to work in the process of selection of new judges.

At present, the 'old' judges are denied access to effectuation of justice despite the provisions of the law 1401 that states that permanent judges continue exercising their authorities until the age of 65.

According to Kanyhina, to introduce significant changes in the judicial system, a fair tender for judges and a ban for the HQCJ on the voting in absence of judges themselves are required, and provision of the lists (of recommended judges) by the Presidential Administration is inadmissible.

"Commencing the judicial reform starting with the highest judicial body, with the ousting of its judges is not a reform, but a reprisal. The judges are removed under the guise of specific qualification assessment and psychological tests for not showing their loyalty to and have not promised the incumbent officials to serve truly," the judge concluded.

As Ukrainian News Agency earlier reported, on June 21, the HQCJ recommended the transfer of 12 judges from the 'old' Supreme Court of Ukraine to appeal courts of Kyiv and Kyiv region.