In response to the recommendations of the Accounting Chamber, the High Council of Justice is strengthening management processes

The High Council of Justice (HCJ),together with the Cabinet of Ministers of Ukraine, resolved the issue of locating the Service of Disciplinary Inspectors, proposed amendments to the Budget Code of Ukraine regarding the deadlines for submitting its proposals to the draft state budget, the Law of Ukraine “On the High Council of Justice” in terms of ensuring the continuous functioning of the HCJ, approved the Concept of preparing an annual report on the state of ensuring the independence of judges in Ukraine, and implemented a number of other measures to improve the internal control system. These and other changes were implemented in implementation of recommendations of the Accounting Chamber, provided following the results of the audit of compliance with the principles of ensuring the functioning of the judiciary. The audit covered the period 2022-2023.

We recall that during the audit, the Accounting Chamber established: due to the uncertainty of the mechanisms for ensuring the continuity of the activities of the High Council of Justice and the dismissal of its members, the High Council of Justice could not exercise its powers for a certain period. This effectively blocked key processes in the judicial system.

The selection and appointment of judges was suspended, which led to a staff shortage in the courts and an increase in the number of pending cases. This also made it impossible to apply disciplinary proceedings against judges, their temporary suspension from the administration of justice and dismissal from office, the process of dismissal of judges, consent to their detention, arrest or detention and temporary suspension in connection with criminal prosecution.

To eliminate the shortcomings identified by the audit, the Accounting Chamber provided the Supreme Judicial Council with a total of 12 recommendations. To implement them, the Supreme Judicial Council, in particular, addressed the Committee on Legal Policy of the Verkhovna Rada of Ukraine with a proposal to amend the legislation to ensure the continuous functioning of the Supreme Judicial Council, as well as the Committee on Budget of the Verkhovna Rada of Ukraine – with a proposal to amend Article 37 of the Budget Code of Ukraine in terms of determining the deadlines for submitting and considering the HRP's proposals to the draft Law on the State Budget before its approval by the Cabinet of Ministers of Ukraine.

The requirements of the Instruction on the Organization of Internal Control in the High Council of Justice were also ensured. To implement it, the Chairman of the HRP approved 25 administrative regulations covering various aspects of the institution's activities.

In addition, together with the Cabinet of Ministers of Ukraine, measures were taken to locate the Service of Disciplinary Inspectors. To improve internal control, the functioning of the department for financial support of the activities of the courts was ensured by filling vacant positions.

The procedures for compiling and submitting reports on the results of activities, in particular the information and analytical report on the activities of the Supreme Judicial Council and statistical reports were approved (the form of the consolidated statistical certificate on the activities of the Supreme Judicial Council, the Disciplinary Chambers and the Secretariat of the Supreme Judicial Council was updated),as well as  The Concept for preparing an annual report on the state of ensuring the independence of judges in Ukraine.

Among other things, in accordance with the recommendations of the Accounting Chamber, training was provided to employees who ensure data entry into the computer program ‘D-3’ (automated document flow system in judicial institutions).

Having assessed the information and documents provided by the object of control, the Accounting Chamber concluded that the High Council of Justice fully implemented seven recommendations, three – partially, two more – remain unfulfilled.

The Accounting Chamber continues to monitor and analyze the implementation of the recommendations and will inform the public about its results.

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