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At the photo: during the session of the High Council of Justice of Ukraine

At the photo: during the session of the High Council of Justice of Ukraine

December 14, 2009
On its plenary session the High Council of Justice of Ukraine took a decision to forward to the President of Ukraine the submissions regarding appointment of 29 candidates to the possessions of judges, namely: 10 candidates to the position of judges of local administrative courts, 17 candidates to the positions of judges of local general courts, 3 candidates to the positions of judges of local economic courts and 2 candidates to the positions of judges of appeal economic courts. Six candidates to the positions of local general courts refused in forwarding their submissions.
After consideration of the results of extra verification held by State Court Administration, the Council decided to forward for second time to the President of Ukraine the submissions regarding appointment of 5 candidates to the positions of judges.
There was also taken a decision to forward submissions regarding dismissal of 4 judges from office on general reasons.
The High Council of Justice of Ukraine found no reasons for the dismissal of 18 judges from office because of oath violation and also took the decision on absence of violation by A. Entina, the judge of Mykolaiv district administrative court, of the demands of incompatibility of office with activities, forbidden by the Ukrainian Constitution and the Laws of Ukraine.
Besides, the High Council of Justice declined the recommendations of the HCJ's members for the dismissal of 3 judges of local general courts, 2 of local economic courts and the judge of district administrative court from office because of oath violation.

At the photo: during the session of the High Council of Justice of Ukraine november, 30 2009

At the photo: candidates are announced the Council’s decision

At the photo: Chairman of the High Economic Court of Ukraine Serhiy Demchenko during Council’s session

November, 30 2009
As a result of consideration of the agenda the High Council of Justice of Ukraine took a decision to forward to the President of Ukraine the submissions regarding appointment of 4 candidates to the position of judges of local economic courts, 29 candidates to the positions of judges of local general courts, 3 candidates to the positions of judges of local administrative courts and 2 candidates to the positions of judges of appeal economic courts. After consideration of the results of extra verification held by State Court Administration, the Council decided to forward to the President of Ukraine the submissions regarding appointment of 8 candidates to the positions of judges. Nine candidates to the positions of local general courts refused in forwarding their submissions.
There was also taken a decision to forward submissions regarding dismissal of 10 judges from office on general reasons, namely: judge of the Supreme Court of Ukraine S. D. Pekniy and judge of the High Economic Court S.F. Demchenko. Concerning dismissal of judge S.F. Demchenko Chairman of the HCJ Lidiya Izovitiva has informed, that from the moment of submission of the application regarding his dismissal (20.01.2008), has passed year and 10 months. The High Qualification Commission (HQCJ) took three decisions concerning the judge's dismiss (20.11.2008, 12.12.2008 and 10.09.2009). Then two first decisions have been cancelled by the High Qualification Commission of Judges).
It will be observed, that since March, 2009 till November, 30th, 2009 ВРЮ had no opportunity to consider this question because of inadequate registration of documents, concerning resignation of Demchenko, by the HQCJ.
After the announcement of the HCJ`s decision, on behalf of members of the Council L.Izovitova has thanked S.F.Demchenko for fruitful long-term work as a judge, Deputy Chairman and Chairman of the High Economic Ccourt of Ukraine.
The HCJ has decided to return to subjects eligible to make proposals materials concerning dismissal of judges of Leninsky district court of Kirovograd, which were submitted to the HCJ because of appointment termination.
The question concerning those dismissals has been initiated to the HCJ as the HQCJ has refused to these judges in the recommendation for appointment to the position perpetually. This decision has been appealed by Shabuninym S.V.
During discussion of this question it was stressed, that the final decision about perpetual appointment to the position of the judge is accepted by the Verkhovna Rada, and at absence of the grounds for dismissal from office upon termination of five years' term, the judge should be recommended for perpetual appointment.
Thus, only in case of negative voting in the Verkhovna Rada concerning these judges, High Council of Justice will take a decision to forward the submissions regarding dismissal of judges from office in connection with the termination of term on which they have been appointed.
Besides, the High Council of Justice has considered recommendations of the HCJ's members for the dismissal of judges from office because of oath violation. At the same time the Council declined these decisions concerning five judges, also were confirmed the results of verification held by members under references of People's Deputies, officials, citizens and legal entity concerning 17 judges.
Also it has been found an absence of violation by L.Miroshnichenko, the judge of Sloviansky local-district court, of the demands of incompatibility of office with activities, forbidden by the Laws of Ukraine. The High Council of Justice has taken into consideration results of the verification held by HCJ's members concerning the judge A. Goretsky, dismissed by the Supreme Rada.

At the photo: during the session of the High Council of Justice of Ukraine

October 26, 2009
On its plenary session the High Council of Justice of Ukraine took a decision to forward submissions to the President of Ukraine regarding appointment of 16 candidates to the positions of judges of local general courts. 15 candidates were refused. Repeatedly after additional verifications done by the State Court Administration the decision was taken to forward to the President of Ukraine submissions regarding appointment of 6 judges.
The Council also took a decision concerning dismissal of three judges from office on general reasons, namely, two judges – in resignation, and one judge because of his election period termination.
The High Council of Justice adopted results of verifications done by the HCJ’s members concerning 9 judges, as well as satisfied claims of judges, having abolished the Qualification Commissions’ of Judges of General Courts (Zhytomyr, Zaporizhzhya, Dnipropetrovsk, Sevastopol appeal districts) and Qualification Commission of Judges of Administrative Courts of Ukraine decisions.
The HCJ also decided to forward to the Verkhovna Rada of Ukraine submissions regarding dismissal from office because of oath violation of Lebezun V.I., judge of Vyshgorod district court, Kyiv region, and Korniets M.I., judge of Boryspil city district court, Kyiv region.
Concerning other two judges the HCJ decided to call back proposals regarding their dismissal because of oath violation. Namely, HCJ’s member Kolesnychenko V.M. recalled his proposal concerning Shchasna T.V., judge of Darnitskyy district court, Kyiv, done after verification of information given in the collective claim of open stock venture “Kyivmisknaftoprodukt” shareholders dated August 2, 2007. The Chairman of the High Council of Justice of Ukraine Izovitova L.P. revoked her proposal concerning submission regarding dismissal from office of Karikova L.V., judge of Mykolaiv district court, Mykolaiv region, because of oath violation, forwarded after information verification, given in the claim of Prozorov O.G., Acting Chairman of the Board of open stock venture “Varvarivskyy elevator” dated June 14, 2006.

At the photo: during the session of the High Council of Justice of Ukraine

October 19, 2009
After consideration of the agenda the High Council of Justice of Ukraine decided to forward to the President of Ukraine submissions regarding appointment of 68 candidates to the positions of judges, namely, 2 candidates to the positions of judges of appeal courts, 58 – to the positions of judges of local courts, 2 persons to the positions of judges of local administrative courts, 6 – to local economic courts. Repeatedly, after consideration of the additional materials’ consideration, done by the State Court Administration, the decision was taken to forward to the President of Ukraine submissions regarding appointment of 8 candidates to the positions of judges.
The Council took the decision to forward submissions regarding dismissal of 5 judges from office on general reasons, besides, on their own decision and on retirement. The HCJ decided to refuse in opening disciplinary proceedings concerning 6 judges of the Supreme Court of Ukraine and adopted result of 24 verifications, handed by the officials’ and citizens’ claims concerning 48 judges.

At the photo: the next session of the High Council of Justice of Ukraine took place at the building of the Kyiv Appeal Court

At the photo: the Chairman of the High Council of Justice of Ukraine Lidiya IZOVITOVA announces the decision

At the photo: The HCJ recommended appointment of 117 candidates to judges

September 9, 2009
The next session of the High Council of Justice of Ukraine took place in the building of Kyiv Appeal Court.
After agenda's consideration the decision was taken to forward submissions to the President of Ukraine regarding appointment of 117 candidates to the positions of judges, namely, 3 candidates to the positions of judges of appeal courts, 69 – positions of judges of local general courts, 23 persons - positions of judges of local administrative courts, 9 - positions of judges of local economic courts. Repeatedly, after consideration of additional verifications held by State Court Administration there was taken the decision to forward to the President of Ukraine submissions regarding appointment of 13 candidates to judges.
The decision was taken to forward submissions regarding dismissal of 34 judges from office on general reasons, namely, on their own decision, retirement, by reaching pension age etc. The HCJ has put aside consideration of the issue on dismissal from office on general reasons of Mykola Stepanovych Chernyuk, judge of Domanivskyy district court, Mykolaiv region, before the ending of criminal case that was opened against him.
The High Council also adopted results of 40 verifications of information given in the claims of officials and Ukraine's citizens concerning 69 judges.

At the photo: during the Council's session

At the photo: new Council's members receive the badges of the High Council of Justice of Ukraine

June 11, 2009
In the Council's session for the first time participated HCJ's members elected by the Congress of Judges of Ukraine on November 14, 2008, who took the oath at the plenary session of the Verkhovna Rada of Ukraine on June 11, 2009: Kostyantyn Kravchenko, Deputy Chairman of the Supreme Court of Ukraine, Valentyn Barbara, President of the Judicial Chamber on economic issues of the Supreme Court of Ukraine, and Oleksandr Volkov, President of the Military judicial board of the Supreme Court of Ukraine. At the beginning of the session the Chairman of the High Council of Justice of Ukraine presented the new members with the Member-badges of the High Council of Justice of Ukraine. After receiving congratulations the judges chose the HSJ's Section to work in: Kostyantyn Kravchenko ? Section on preparation of the materials for the appointment of judges for the first time and their dismissal from office and Valentyn Barbara as well as Oleksandr Volkov ? Section on disciplinary issues.
After result of its activities the High Council of Justice of Ukraine decided to forward to the President of Ukraine submissions regarding appointment of 51 candidates to the positions of judges, namely: one person ? to the appeal court, four ? to the positions of judges of local economic courts, 14 ? to the positions of judges of local administrative courts, 32 ? to local general courts. 17 candidates were refused. The Council also returned to the High Qualification Commission of Judges of Administrative Courts the materials concerning candidate to the position of the judge of Dnipropetrovsk District Administrative Court, because it was found out during verification that he has passed qualification examination in inappropriate manner.
After consideration of the results of extra verification held by State Court Administration the Council decided to forward to the President of Ukraine the submissions regarding appointment of 10 candidates to the positions of judges.
The High Council of Justice of Ukraine satisfied the claim of the national deputies of Ukraine V.O. Baranov, R.P. Zozulya, V.O. Lozinskyy and others, having abolished the decision of the Qualification Commission of Judges of General Courts, Dnipropetrovsk Appeal District from February 26, 2009 concerning Konyakin Serhiy Mykhailovych, judge of Holovanovskyy district court, Kirovograd region. At the same time after consideration of the results of examination of information given in the claim of those national deputies, the Council took a decision to forward to the Verkhovna Rada of Ukraine the submission regarding dismissal of the mentioned judge from office because of oath violation.
The High Council of Justice of Ukraine also decided to return to the High Qualification Commission of Judges of Ukraine (HQCJ) the materials concerning dismissal of Serhiy Demchenko from the position of High Economic Court of Ukraine judge for adoption of the legal decision in authorized composition. So to remind, that there were seven signatures of HQCJ's members under the protocol from December 12, 2008, on dismissal of this judge into resignation, when under the Law of Ukraine "On Judicial System of Ukraine" the decision is taken in case of positive voting by 9 members of the High Qualification Commission of Judges of Ukraine
On Valeriy Bondyk, member of the HCJ, initiative the issue of violation of the demands of incompatibility of office with activities, forbidden by the Ukrainian Constitution and the Laws of Ukraine by Anatoliy Yarema, judge of the Supreme Court of Ukraine, was considered. The problem was that judge A.Yarema combined his office with the execution of powers of the arbitrator of the International Commercial Arbitration to the Ukrainian Chamber of Commerce and Industry (UCCI) during period of 2005-2007. But in course of verification of this information it was stated out, that on June 14, 2007, Anatoliy Yarema stopped his powers at the International Commercial Arbitration to the UCCI. Having considered the examination's results, the High Council of Justice of Ukraine took the decision on absence of violation by A. Yarema, the judge of the Supreme Court of Ukraine, of the demands of incompatibility.

June 2, 2009
High Council of Justice of Ukraine took a decision to forward submissions to the President of Ukraine regarding appointment of 97 candidates to the positions of judges, namely, 26 candidates to the positions of judges of administrative courts, 67 ? to the positions of judges of local general courts, three candidates to the positions of judges of local economic courts, 1 candidate to the position of the judge of appeal court.
After extra verification it was decided to forward to the President of Ukraine the submission regarding appointment of 7 candidates to the positions of judges.
There was also taken a decision to forward submissions regarding dismissal of 21 judges from office on general reasons, besides, at their own will, on resignation, on retirement etc.
After consideration of the claims of the officials, national deputies and other citizens the High Council of Justice of Ukraine adopted the results of verifications of the materials concerning ten judges having found no reasons for their dismissal because of oath violation.
The High Council of Justice of Ukraine also took a decision to renew the terms of appeal of the Qualification Commission of Judges of General Courts, Dnipropetrovsk Appeal District, decision from February 26, 2009 concerning Konyakin Serhiy Mykhailovych, judge of Holovanovskyy district court, Kirovograd region. That was the appeal of the national deputies of Ukraine V.O. Baranov, R.P. Zozulya, V.O. Lozinskyy and others, who were unable to lodge a complaint against Commission's decision, with which they don't agree because of their inappropriate notification. Thus, the national deputies' appeal on Qualification Commission's decision became possible.

At the photo: during the Council's session

At the photo: Deputy Chairman of the High Council of Justice of Ukraine Volodymyr ANDREYTSEV

April 1, 2009
The High Council of Justice of Ukraine after consideration of the Qualification Commissions' materials took the decision to forward to the President of Ukraine submissions regarding appointment of candidates to the positions of judges, namely: 5 candidates - to the positions of judges of district administrative courts; 28 - to the positions of judges of local general courts and one candidate to the position of the judge of economic court, city of Kyiv. The High Council of Justice also took a decision to forward submissions regarding dismissal from office of 6 judges on general reasons.
The High Council of Justice of Ukraine found no reasons for the dismissal from office because of oath violation of 6 judges of local general courts, two judges of appeal courts, three judges of the Supreme Court of Ukraine as well as adopted the results of HCJ's members verifications of information given in the claims of National Deputies of Ukraine, officials and claims of citizens concerning these judges. The HCJ also declined the recommendations of Qualification Commissions of Judges concerning dismissal from office of three judges of local general courts because of oath violation.
The HCJ adopted the information of Lidiya IZOVITOVA, the Chairman of the High Council of Justice, on the results of the Council's activities in 2008; report on the use of the budgetary funds of the HCJ in 2008 foreseen by the budgetary program "Formation of the judicial corps and control under its activities".
At the end of its session the Council by secret voting elected Volodymyr ANDREYTSEV the Deputy Chairman of the High Council of Justice of Ukraine.

At the photo: during the Council's session 11.03.2009

At the photo: during the Council's session 11.03.2009

March 11, 2009
The High Council of Justice of Ukraine decided to forward submissions to the President of Ukraine regarding appointment as judges of 107 candidates. Namely, 30 candidates – to the positions of judges of local administrative courts, 10 – to the positions of judges of local economic courts, 67 candidates – to the positions of judges of local general courts.
The High Council of Justice took a decision to forward submissions regarding dismissal of 37 judges on general reasons.
Also the Council considered over again the letters of the President's of Ukraine Secretariat concerning return to the HCJ of the materials regarding appointment and dismissal of judges. After consideration of this issue the High Council of Justice decided to forward again to the President of Ukraine submissions regarding dismissal of V.Ye. Titarenko from his position of the judge of Ulyanivskyy district court, Kirovograd region. For the second time there would be forwarded submissions to the President of Ukraine regarding appointment of Ye.M. Bovkun to the position of the judge of Dniprovskyy district court, Kyiv, S.I. Savitskyy ? judge of the Bilgorod-Dnistrovskyy interdistrict court, Odesa region, R.Yu. Slipenko ? judge of the Gaivoronskyy district court, Kirovograd region, L.V. Zakrevskyy ? judge of the Volodymyretskyy district court, Rivne region and L.A. Stotskaya ? judge of the Pershotravnevyy district court, Chernivtsy.
The Council satisfied the judges' claims, having abolished two decisions of Qualification Commissions of Judges of General Courts, Dnipropetrovsk appeal region, and one decision of Qualification Commission of Judges of General Courts, Lugansk appeal district.
The High Council of Justice of Ukraine considered the letter of P.I Kolesnyk, the Deputy Chairman of the High Qualification Commission of Judges of Ukraine (HQCJ), dated December 17, 2008, by which the materials regarding dismissal of Serhiy Fedorovych Demchenko from his position of the judge of High Economic Court of Ukraine were forwarded to the High Council of Justice of Ukraine.
During consideration of this issue, the Council established that on November 20, 2008 the HQCJ took a decision to forward to the High Council of Justice of Ukraine the proposals to dismiss S.F. Demchenko from his position of the judge because of his resignation. In this decision there was mentioned not the list of Commission's members, present during the session, but its composition list in quantity of 12 members. Only 7 members of the Commission signed it. On December 12, 2008 the Commission has recognized the previous solution from November 20, 2008 as such, that has not come into force as well as having agreed with submission of the Acting in Charge Chairman of the High Economic Court of Ukraine, has decided once again to introduce the proposal to the High Council of Justice about dismissal the judge S.F. Demchenko from the position in resignation.
And again at the indicating of a list structure of Commission (12 faces) in the decision there misses the list of the members of Commission, who participated in the session; there are also only 7 signatures under the decision. A list of the HQCJ's members, who participated in the session, is absent.
According to the second part of article 75 of the Law of Ukraine «On the judicial organization of Ukraineї the High Qualification Commission of Judges of Ukraine acts in a structure 13 members. By the third part of the article 79 of the Law it is established, that the sessions of Qualification Commission of Judges are plenipotentiary, if there participate not less than two third of its structure, that is not less than nine members of the Commission. Under the law, the chairman and members of the Commission, who participated in the session, sign the decision.
Basing on the abovementioned, it is possible to come to conclusion about the absence during the mentioned Commission's sessions of quorum for consideration of the issue of forwarding the proposal on dismissal of S.F. Demchenko from office.
At the same time, under the information of the Deputy Chairman of the Commission which has been set up in the letter to the High Council of Justice of Ukraine from December 17, 2008, the structure of the Commission of November 20, 2008 was plenipotentiary, however two members of Commission have refused to sign the decision, and on December 12, 2008 on Commission's session there were present 11 members of the Commission, from which three have refused to sign the mentioned decision. Thus, solution of commission does not correspond with the information that has been set up in the letter of P.I. Kolesnik to the High Council of Justice.
All these circumstances become the cause of problems concerning legitimacy of the decisions of the Commission concerning S.F. Demchenko. Therefore the High Council of Justice of Ukraine has decided to transfer consideration of this issue on its other session, simultaneously having addressed to the Commission with the request to grant the minutes of HQCJ's session from December 12, 2008.

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