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OleksandrISHCHENKO,

Head of the Department of the National School of Judges of Ukraine, Candidate of Law Sciencea

MarynaSAMOFAL,

Deputy Head of the Department of the National School of Judges of Ukraine, Candidate of Law Sciences

PRACTICAL ISSUES OF CONSTITUTIONAL JUDICIAL REFORM IMPLEMENTATION WHEN IT COMES TO THE APPOINTMENT OF THE SUPREME COURT JUDGES

The article analyzes Ukrainian legislation on the appointment of the Supreme Court judges.

It specifically deals with the authority of the High Council of Justice to consider recommendations on appointment to the position of a judge given by the High Qualification Commission of Judges of Ukraine. Based on the grounds for refusal to make a proposal to the President to appoint a judge the authors explore what information about the candidate can be the object of analysis of the High Council of Justice and sources of its origin. The conclusion is made that in addition to the judge’s dossier / dossier of the candidate for a position of judge, the statement of any person can be a legitimate source for obtaining the information on candidates for the position of a judge of the Supreme Court according to Article 40 of the Constitution of Ukraine.

A separate subject of consideration is the procedure for appointing a Supreme Court judge, while its violation may subsequently lead to a violation of the right to a fair trial provided by Article 6 of the European Convention on Human Rights. As a result the conclusion is reached that High Council of Justice may call into question the results of the contest for the positions of the Supreme Court judge only if the violations are systemic and can significantly distort the results of the competition, lead to the formation of the Supreme Court, which does not meet modern standards of integrity and competence.

Key words: appointment of judges, contest for the judge’s position, Supreme Court, recommendation on appointment to the judge’s position, High Council of Justice, High Qualification Commission of Judges of Ukraine, qualification evaluation.

References

On the appeal to the Constitutional Court of Ukraine with a constitutional petition regarding the conformity (constitutionality) of certain provisions of items 4, 7, 8, 9, 11, 13, 14, 17, 20, 22, 23, 25 of Section XII “Final and Transitional Provisions” of the Law of Ukraine of June 2, 2016 No. 1402-VІІІ "On the Judiciary and the Status of Judges" of Article 6, parts one and two of Article 8, parts two of Article 19, parts one and two of Article 24, parts one and two of Article 55, parts one, n and the sixth article 126 of the Constitution of Ukraine: the decision of the Plenum of the Supreme Court of Ukraine of October 3, 2016 eye No. 19 / Official site of the Constitutional Court of Ukraine. URL: http://www.ccu.gov.ua/sites/default/files/4_4086 _1.pdf. [ukr.]

On the Judiciary and the Status of Judges: Law of Ukraine of June 2, 2016 No. 1402-VIII / Official Website of the Verkhovna Rada of Ukraine. URL: http://zakon2.rada.gov.ua/laws/show/1402-19/print 14646992 13863695. [ukr.]

The Commission has announced a competition to fill vacant positions of judges of cassation courts in the Supreme Court: an official announcement from the website of the High Qualification Commission of Judges of Ukraine. URL: http://vkksu.gov.ua/ua/news/komisieiu-ogoloshieno-konkurs-na-zajniattia-wakantnich-posad-suddiw-kasacijnich-sudiw-u-skladi-wierchownogo-sudu/.[ukr.]

The HCJC has announced the names of the winners of the competition to the new Supreme Court: an official announcement from the website of the High Qualifications Commission of Judges of Ukraine. URL: http://www.vkksu.gov.ua/ua/news/wkks-opriliudnila-prizwishtcha-pieriemozciw-konkursu-do-nowogo-wierchownogo-sudu/. [ukr.]

Explanatory note to the draft Law of Ukraine "On the Judiciary and the Status of Judges" dated 30.05.2016 No 4734. URL: http://search.ligazakon.ua/l_doc2.nsf/link1/GH3NI00A.html. [ukr.]

See judicial practice, for example: the decision of the Supreme Court of Ukraine of 30.05.2017 in case No. 800/651/16 (regarding the calculation of parallel length of service in total); Resolution of the Supreme Administrative Court of Ukraine of March 16, 2017 in case No. 800/29/17 (concerning the enrollment of doctoral studies). [ukr.]

See judicial practice, for example: the decision of the Supreme Administrative Court of Ukraine of 06.07.2017 in case No. 800/65/17 (on military accounting). [ukr.]

Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe of 04.11.1950. URL: http://zakon2.rada.gov.ua/laws/show/995_004. [ukr.]

European Court of Human Rights. Case of Jenița Mocanu v. Romania. Application No. 11770/08. Judgment of 17 December 2013. URL: http://hudoc.echr.coe.int/eng?i=001-139274. [ukr.]