The Course of Salikhov, Head of the Council of Judges, toward impunity and control over the High Council of Justice

The right of the Congress of Judges to recall a member of the High Council of Justice, which has meanwhile allegedly become a punitive body, as well as abandoning the obligation of judges to report interference in their work to the Prosecutor General and the HCJ — these are the ideas promoted by Vitalii Salikhov in just the second month of his tenure as Head of the Council of Judges (CoJ). Let us examine these arguments:

• The Council of Judges will begin working on a mechanism for recalling HCJ members appointed under the judges’ quota.
  It appears that through this mechanism, Vitalii Salikhov seeks to secure loyal members of the High Council of Justice who can be recalled if their voting on decisions is deemed unsatisfactory. Such a position directly contradicts the guaranteed independence of HCJ members and instead entrenches manual control over them.

• The High Council of Justice has turned into a punitive body.
  This is an expected position from Vitalii Salikhov, who, during his time on the HCJ, systematically voted against holding judges accountable, including those caught taking bribes. It is therefore unsurprising that Salikhov is dissatisfied with the renewed High Council of Justice beginning to cleanse the judiciary and already dismissing more than 50 judges, including bribery offenders, collaborators, and judges of the notorious District Administrative Court of Kyiv (DACK).

• The obligation of judges to report interference to the Prosecutor General’s Office and the HCJ is a relic.
  Interference in judicial activities by court chairpersons is a practice we have heard about many times. The scandals involving Pavlo Vovk and Serhii Halonkin alone are telling enough. If the obligation for judges to report interference in their activities to the Prosecutor General and the HCJ is abolished, this would effectively legitimise influence and pressure on judges.

As expected, Vitalii Salikhov, in his new position as Head of the Council of Judges, has taken a course toward restoring old practices, protecting low-integrity judges at any cost, and opposing the cleansing of the judiciary. Therefore, neither Salikhov’s public statements, nor his coalition with Lidia Izovitova, nor his cooperation with other unreformed bodies comes as a surprise.

The DEJURE Foundation advocates for the liquidation of the Council of Judges of Ukraine and the transfer of its core functions to the High Council of Justice. This would eliminate duplication of powers and establish a transparent chain of accountability. Moreover, Salikhov’s statements as Head of the CoJ only further confirm the appropriateness of such a solution.

The relevant draft law has long been pending before the Verkhovna Rada, yet Parliament has still not considered it.