18 May 2016, 12:38
The draft law No.3541 proposes to prohibit paying judicial remuneration in case the judge is put on the interstate and / or international wanted list.
Making corresponding amendments to Section 5 of Article 49, Section 1 of Article 101, Article 133 of the Law of Ukraine "On the Judicial System and the Status of Judges" envisages to establish that the payment of judicial remuneration is suspended if the judge is put on the interstate and / or international wanted list. The decision on suspension of the payment of judicial remuneration is made by the High Qualification Commission of Judges of Ukraine on the basis of a grounded request submitted by the Prosecutor General of Ukraine.
When considering the draft law the Committee members pointed to the fact that the guarantees of judicial independence, including corresponding material provision (judicial remuneration, pension, monthly lifetime allowance, etc.) is an integral part of the legal status of judges, applies to all judges of Ukraine, and is a prerequisite for an independent, fair and impartial trial.
According to people’s deputies, the essence of the proposed amendments indicates that they have relation to those cases when putting the judge on the interstate and / or international wanted list is connected with the execution of criminal prosecution of him, carrying out of search activities against him, in connection with hiding from the pre-trial investigation, and therefore it is presumed that such judge does not execute justice, but in contrast he evades his professional duties over the suspicion of committing a crime.
Under the current law, the judge who does not execute justice or suspended from the position (except in cases of temporary disability, being on an annual paid leave) is not entitled to receive additional payments to his official salary, i.e. he loses only the right to receive additional payments to official salary.
The Committee members pointed to the fact that the nature of judicial remuneration defined by Article 133 of the Law, provides for the impossibility of its withdrawal, but it is possible to set limitation (suspension) on the payment of judicial remuneration, which should be determined by time frames and / or entry into force or change of certain legal facts, in particular the court's verdict of acquittal concerning the judge, possible rehabilitation of a person in the meaning of penal law.