Issues of the judiciary very soon will deal with the new on — today enters into force the law on the High Council of justice, which the President signed on 3 January. The new instance will have the opportunity to deprive of inviolability, to send on business trips and dismiss judges. “Today” figured out in the next stage of judicial reform.
THE COUNCIL OF JUSTICE. Poroshenko called on the newly created one of the key points of the reform, which eliminates political influence on the judicial system. In turn, justice Minister Pavel Petrenko on his page on the social network noted that “without such legislative changes, it is impossible to form a fair judiciary in the country.”
The high Council of justice (SCJ) will consist of 21 members. Ten will be elected at the judges ‘ Congress, two will be appointed by the President, will select two deputies and six will determine at the congresses of advocates, prosecutors and representatives of legal higher educational institutions. The latest in the Council should be the Chairman of the Supreme court, which will be part of the VSP.
In fact, the justice Council will pass the right of the High Council of justice (which was abolished from January 5) to conduct disciplinary proceedings of judges, as well as the key functions of Parliament (appointment and dismissal). According to the Secretary of the section the ENTIRE appointment and dismissal of judges Alexey Malovichko each case in respect of judges will consider a minimum of four members of the VSP, half of whom should be judges. Recall that last year, Parliament had limited the immunity of judges: the perpetrator of a serious crime the judge can be delayed without the consent of, and in other cases, the final decision will be for GSP. In addition, the Council will address issues of transfer of judges from one court to another and to say their number in the courts. Finally, from today, without the approval of the justice Council will not be able to reduce the amount of budget money allocated for the maintenance of the courts and other institutions of the justice system.
VACUUM. However, many experts say that in the form in which you created the new body, it does not remove political influence on the courts. Moreover, the political scientist Ruslan Bortnik said that there is no High Council of justice, Ukraine will not see for at least another two years. “In fact, it will be renamed the Council of justice, and in this state of transition, he will stay until 2019,” he said. According to the expert, duties of the members of VSP two years will be fulfilled by the representatives of the Council of justice. “At this period, for constitutional reform in terms of justice, the President will have the right to reform and to organize the courts, to manage personnel. Yes, 2019, the VSP will fully start its work, but the President will still control two-thirds of the assignments through the parliamentary coalition, the attorney General and the Cabinet. That is, political influence has been, and will remain. But whereas it was balanced (ALL members were appointed on the same quota from BP, the President and Congress of judges), but now this balance is lost” — sums up the Bortnik.
His colleague Vadim Karasev says: today, of course, reduced the impact of Parliament on the formation of the judiciary. “But just to create a fully Autonomous and self-governing judiciary, which would guarantee the independence of this branch of power, will not work. Therefore, we have the vacuum that need to be filled with something. And while all the mechanisms and norms are not fulfilled, there is a transition period and it will be filled with presidential power, says the analyst. — It is in this context dependent on the state is necessary.” In turn politekspert Volodymyr Fesenko notes that to say today whether GSP completely independent, it is impossible. “Any strong and ambitious President will try to influence different government institutions. How this can be done, it depends on people who will become members of the www”.
Justice and judges of the Euromaidan
In turn, the member of the Public Council of integrity (the body that prepares the conclusions about the integrity of judges for their evaluation) Roman Maselko told us that with the creation of the VSP there is a chance that the issue is resolved judges who made decisions during the Euromaidan.
“While there was no law on the www, and entered into force the new Constitution, there was no body that could do it. Therefore, since the end of September last year to today, the Council of justice did not examine any cases on the Euromaidan. Only now the Council will be able to continue this work. But it is very important: you need to work very quickly, because in 2-3 months time bringing them to justice will expire,” said Maselko, adding that such judges in Ukraine today, about 250 people. However, analyst Andrew Buzarov doubt that in the near future these cases will be closed: “firstly, may be delayed the process of election of members of the VSP. And even if he starts the job, then don’t think immediately engaged in the questions of the judges of the Euromaidan is the case depends on the investigation, which leads the Prosecutor’s office. And today it hesitates with this question.”