Letter to the President of the All-Ukrainian Public Organization “Association of Judges of Ukraine” Elena Yevtushenko

Intro

Letter addressed to the President of the NGO “Association of Judges of Ukraine” Elena Yevtushenko. In it, the judges of the Supreme Specialized Court of Ukraine and the Supreme Administrative Court express concern about the violation of their rights after the judicial reform of 2016The problem of judicial reform in 2016

As a result of the reform, a new Supreme Court was created, and the judges of the highest specialized courts lost the opportunity to administer justice. Despite their legal status, they remained “judges without trial”, without the possibility of employment in other areas.

Violation of the rights of judges

• Judges are removed from professional activities without appropriate legal regulation.
• They cannot participate in judicial self-government, conferences and other professional events.
• Refusal of advanced training due to the uncertainty of their status.
• The obligation to pass the competition on a par with other candidates, which is contrary to the principle of indefinite appointment.

Compliance with international standards

The decision of the state violates European standards of independence of judges, in particular the principle of immutability. The Venice Commission and the ECHR emphasize the need for legal protection of judges, which has not been taken into account in Ukraine.

Call for settlement

Judges apply to the Association of Judges with proposals for the legislative settlement of their status in order to ensure compliance with legal and international norms.

Appendices

Proposals for legislative settlement of the status of judges of the Supreme Court of Ukraine and higher specialized courts are attached to the letter.

Proposals for the settlement of the status of judges of the Supreme Court of Ukraine, the Supreme Specialized Court of Ukraine for the consideration of civil and criminal cases, the Supreme Economic Court of Ukraine, the Supreme Administrative Court of Ukraine

Intro

The document contains proposals for legislative settlement of the status of judges of the Supreme Court of Ukraine, as well as judges of liquidated specialized courts (Supreme Administrative Court, Supreme Economic Court and Supreme Specialized Court of Ukraine).

Main offers

• To amend the Law of Ukraine “On the Judiciary and Status of Judges”, specifying the procedure for the formation, reorganization and liquidation of courts.
• Restore the status of judges of liquidated courts through the reorganization of the Supreme Court and the transfer of judges without competition to the relevant courts of cassation.
• Settle the issue of recalculation of judges' remuneration for retired judges.

Argumentation

• The judicial reform of 2016 deprived the judges of specialized courts of their powers without a proper legal mechanism.
• The lack of an official act on the liquidation of the courts has created legal uncertainty.
• The Venice Commission recommended the merger of specialized courts with the Supreme Court, which was not taken into account.

International standards and legal certainty

• The document refers to the decision of the Constitutional Court of Ukraine, the recommendations of the Venice Commission and the ECHR, which confirm the illegality of the deprivation of powers of judges.
• Judges must have a guaranteed term of office in accordance with international norms.

Call to resolve the issue

• It is proposed to introduce legislative changes to protect the rights of judges and their independence.
• Resolution of transfer procedures should be carried out by the High Council of Justice without the involvement of the Supreme Court of Justice for efficiency.