According to paragraph 2 of section II “Final and transitional provisions” of the Law of Ukraine “On Amendments to the Law of Ukraine “On Judiciary and the Status of Judges” and Some Laws of Ukraine on the Activity of Judicial Governance Bodies” No.193–IX dated October 16, 2019, powers of members of the High Qualification Commission of judges of Ukraine were terminated.
During 2021, no new Commission was formed.
At the same time, the Secretariat of the Commission within its powers in 2021 carried out:
Keeping records of data on the positions of judges
1. The maximum number of positions of judges as of December 31, 2021 – 7 304 of which:
- in local courts – 5 600;
- in appellate courts – 1 439;
- in higher specialized courts – 69;
- in the Supreme Court – 196.
The information is provided taking into account the number of judges in the courts determined by the State Judicial Administration of Ukraine upon agreement with the High Council of Justice and without taking into account courts that have stopped working in the Autonomous Republic of Crimea, Donetsk and Luhansk regions and Sevastopol.
2. The number of persons appointed (elected) to the position of judge, as of December 31, 2021, – 5 236 / 72% of the maximum number of positions of judges (women – 2 814 / 54%; men – 2 422 / 46%):
- in local courts – 4,189 / 75% of the maximum number (women – 2 288 / 55%; men – 1 901 / 45%);
- in the appellate courts – 830 / 58% of the maximum number (women – 438 / 53%; men – 392 / 47%);
- in high specialized courts – 38 / 55% of the maximum number (women – 14 / 37%; men – 24 / 63%);
- in the Supreme Court – 179 / 91% of the maximum number (women – 74/41%; men – 105 / 59%).
The information is provided without taking into account persons holding judicial positions in liquidated (reorganized) courts that have terminated the administration of justice due to the establishment of new courts.
3. The number of persons who as of December 31, 2021, held a regular judicial positions in the courts that suspended the administration of justice in connection with the establishment of new courts – 67 (women – 30 / 45%; men – 37 / 55%), of which:
- in local courts – 3 (women – 1 / 33%; men – 2 / 67%);
- in the appellate courts – 12 (women – 7 / 58%; men – 5 / 42%);
- in high specialized courts – 44 (women – 20 / 45.5%; men – 24 / 54.5%);
- in the Supreme Court of Ukraine – 8 (women – 2 / 25%; men – 6 / 75%).
The information is provided taking into account the judges of the appellate courts seconded to the position of a judge to another appellate court.
4. Number of persons appointed to the position of a judge for the first time during 2021 – 45 (women – 21 / 47%; men – 24 / 53%), of which:
- in local administrative courts – 26 (women – 13 / 50%; men – 13 / 50%);
- in local commercial courts – 11 (women – 5 / 45%; men – 6 / 55%);
- in local general courts – 8 (women – 3 / 37.5%; men – 5 / 62.5%).
5. The number of persons appointed to the position of judge indefinitely during 2021 – 70 (women – 32 / 46%; men – 38 / 54%), of which:
- in local commercial courts – 3 (women – 2 / 67%; men – 1 / 33%);
- in local general courts – 67 (women – 30 / 55%; men – 37 / 45%).
6. The number of persons who as of December 31, 2021, held a regular judicial position in local courts and did not administer justice in connection with the expiration of the five-year term of appointment – 352 (women – 186 / 53%; men – 166 / 47% ), of which:
- in local administrative courts – 18 (women – 8 / 44%; men – 10 / 56%);
- in local commercial courts – 15 (women – 10 / 67%; men – 5 / 33%);
- in local general courts – 319 (women – 168 / 53%; men – 151 / 47%).
7. The number of vacant positions of judges as of December 31, 2021 – 2 068 / 28% of the maximum number of positions of judges, of which:
- in local courts – 1 411 (25% of the maximum number of positions of judges of local courts);
- in appellate courts – 609 (42% of the maximum number of positions of judges of appellate courts);
- in high specialized courts – 31 (45% of the maximum number of positions of judges of high specialized courts);
- in the Supreme Court – 17 (9% of the maximum number of positions of judges in the courts of cassation of the Supreme Court).
8. Number of candidates for the position of judges, who as of December 31, 2021, were in the reserve to fill vacant positions of judges of local courts and who were not appointed to the position of judge (no appointment procedure) – 214 (women – 136 / 64%; men – 78 / 36%), of which:
8.1. By reserve:
1) in the reserve for the positions of judges of administrative courts – 104 (women – 61 / 59%; men – 43 / 31%);
2) in the reserve for the positions of judges of commercial courts – 84 (women – 59 / 70%; men – 25 / 30%);
3) in the reserve for the positions of judges of general courts – 160 (women – 106 / 66%; men – 54 / 34%).
8.2. By the number of reserves in which the candidate is:
1) in one reserve – 119 (women – 71 / 60%; men – 48 / 40%):
- for the positions of judges of administrative courts – 30 (women – 15 / 50%; men – 15 / 50%);
- for the positions of judges of commercial courts – 15 (women – 11 / 73%; men – 4 / 27%);
- for the positions of judges of general courts – 74 (women – 45 / 61%; men – 29 / 39%);
2) in two reserves – 56 (women – 40 / 71%; men – 16 / 29%):
- for the positions of judges of administrative and commercial courts – 9 (women – 4 / 44%; men – 5 / 56%);
- for the positions of judges of administrative and general courts – 26 (women – 17 / 65%; men – 9/35%);
- for the positions of judges of commercial and general courts – 21 (women – 19 / 90%; men – 2 / 10%);
3) in three reserves – 39 (women – 25 / 64%; men – 14 / 36%).
9. The forcast number of vacant judicial positions to be in 2022 in connection with reaching the age limit for holding the position of judge is 29 (women – 14 / 48%; men – 15 / 52%), of which:
- in local courts – 16 (women – 8 / 50%; men – 8 / 50%);
- in appellate courts – 13 (women – 6 / 46%; men – 7 / 54%).
Formation and maintaining of judicial dossier
1. 8 317 judicial dossiers were stored and filled.
2. Maintaining 5 509 judicial dossier of persons who held judicial positions during 2021 have been ensured, in particular:
- 389 592 pages of dossiers were scanned to update 5 384 published dossiers;
- 5 365 updated judicial dossiers out of 2 566 550 pages were processed and published on the official website of the Commission.
Formation and maintaining of dossiers and personal files of candidates for the position of a judge
Maintaining of 2 920 dossiers and personal files of candidates for the position of a judge has been ensured.
Representation of the Commission’s interests in courts
During 2021, there were 143 cases in the courts of various instances, the party or participant in which was the High Qualification Commission of Judges of Ukraine. In the framework of these court cases, the Secretariat of the Commission sent letters to meet the requirements of judges to send evidence and provide information, as well as ensuring the participation of employees in court hearings as free attendees.
Document flow in the Commission
In 2021 the Commission’s document flow was 8 511.
Consideration of requests for public information
The number of processed requests for information in the manner prescribed by the Law of Ukraine “On Access to Public Information” – 251.
International cooperation
In 2021, participation in international cooperation was ensured, in particular, in cooperation with the following organizations:
- Ukrainian-Canadian Project “Support to Judicial Reform”;
- USAID New Justice Program;
- USAID Justice for All Program;
- Council of Europe Project “Support to the Judiciary of Ukraine in ensuring better access to justice”;
- Organization for Economic Co-operation and Development (OECD);
- European Commission on the Efficiency of Justice of the Council of Europe (CEPEJ).
Number of events in the framework of international cooperation – 26.
Procedures not completed by the Commission
As of December 31, 2021, the Commission has not completed the following procedures:
- competition for 21 positions of a judge of the High Court on Intellectual Property. 60 candidates continue to participate in it;
- competition for 9 positions of judges of the Appellate Chamber on the High Court of Intellectual Property. 38 candidates continue to participate in it;
- competition for 346 positions of judges of appellate courts. Documents from 2 208 people were received to participate in the competition;
- competition for 7 vacant positions of judges in local general courts of Donetsk and Luhansk regions for candidates for the position of judges who meet the requirements of the period 7 of the paragraph 13 of Section III “Final and Transitional Provisions” of the Law of Ukraine “On the High Council of Justice”. 6 candidates continue to participate in it;
- competition for 35 vacant positions of judges of local courts for candidates for the position of judges who meet the requirements of the period 3 of the paragraph 13 of Section III “Final and Transitional Provisions” of the Law of Ukraine “On the High Council of Justice”. 25 candidates continue to participate in it;
- qualification evaluation of 2 030 judges;
- selection of candidates for the position of a local court judge. 368 candidates continue to participate in it.