12 January 2008, 12:59
A relevant Bill amending The Law of Ukraine ‘On The Judicial System in Ukraine´ (appertaining to a procedure for appointing judges to administrative positions), is under consideration in The Justice Committee .
The Author of the Bill (Reg. No.1122), People´s Deputy D. Prytyka, suggests that more Democratic procedures are established for the appointing of Judges to, and dismissal from, administrative positions. He believes that this will secure the independence of Judges and eliminate the constant pressure on the Judicial power by other branches of power.
This aim, according to People´s Deputy, D. Prytyka, can be achieved by excluding The President of Ukraine from the process of Administrative Appointments, and vesting such Authorities in the Judges´ Self-Government bodies.
The Bill proposes that, ‘A Judge can also be dismissed from an Administrative position on an initiative from The Supreme Justice Council, following a procedure as laid down in this Law´.
‘No appointment to, or dismissal from, an Administrative position of a Judge can be effected other than by adherence to this Clause´.
According to the provisions of this Bill, The Chairman of The Supreme Specialized Court shall be elected for a five-year term by a secret ballot by a Plenum of the relevant Supreme Specialized Court´. Also, ‘The procedure for election of The Chairman of The Supreme Specialized Court, and Dismissal from his position, shall be laid down in the Standing Orders of The Plenum of the relevant Specialized Court, approved by the Plenum´.
The Passing of this Bill, considers the Author, will permit the provisions of the current Law, appertaining to the Appointment of Judges to Administrative positions, to be brought into line with International Standards for independence of the Courts, and also the Ruling adopted by The Constitutional Court of Ukraine on 16 April 2007. This Ruling declared the provision of the Law ‘On The Judicial System in Ukraine´, whereby a Court Chairman and his Deputies are appointed to and dismissed from their positions by The President of Ukraine, unconstitutional.