The MPs will resume the consideration of disciplinary complaints against judges, but they intend to sabotage the competition for the SDI
Tomorrow, the MPs can finally start the consideration of disciplinary complaints against judges. They are planning to vote on draft law No. 9261, which, in particular, proposes to provide the High Council of Justice with the opportunity to consider complaints as soon as the law on transparent competition for the Service of Disciplinary Inspectors is adopted.
According to our information, the MPs plan to remove this provision from the draft law during consideration in the session hall. However, this version, which was approved by the Committee, is optimal in the conditions when it is necessary to start considering complaints and to develop the capacity of judicial governance bodies, in particular, to form the SDI through transparent competition. Therefore, we urge the MPs to adopt the draft law in its current version. Now in more detail:
The consideration of complaints was stopped on August 5, 2021, when law No. 1635-IX on the reform of the HCJ entered into force. And although the body was reformed and is now operational, the HCJ cannot perform its main function without disciplinary inspectors. The SDI is the “first point of contact” for disciplinary complaints against judges. The inspectors should verify the complaint, search for information and prepare a draft decision for the members of the HCJ on the presence or absence of violations. Currently, draft law No. 9483-2 on the launch of SDI was registered in the Verkhovna Rada and was recommended by the Parliamentary Legal Committee. However, the formation of SDI with transparent competitive procedures takes time. In conditions where almost 9,000 disciplinary complaints against judges have accumulated, and some of them are actively trying to “escape” into retirement, disciplinary proceedings are urgently needed right now.
Therefore, draft law No. 9261 offers a temporary solution by restoring the disciplinary function of the HCJ while the SDI has not yet become operational. The HCJ will be able to independently consider complaints from the moment when the draft law on the SDI is adopted. Therefore, it is important that the MPs vote on the draft law in the current version.
