Analysis of the Disciplinary Practice of the High Council of Justice

The purpose of the project is to carry out a fair analysis of the activities and decisions of the disciplinary chambers and decisions of the High Council of Justice regarding the consideration of disciplinary cases on judges in the context of their compliance with the standards and recommendations of the Council of Europe, systematization of disciplinary practices of the High Council of Justice to promote its sustainability and unity.

Project objectives:

1. Support to the harmonization of activities and decisions of the High Council of Justice in accordance with the standards and recommendations of the Council of Europe.

2. Preparation of descriptions of the key problems of disciplinary practice of the High Council of Justice and providing suggestions for improving disciplinary procedures and reducing the number of complaints.

Project experts: Yaryna Udala, GR Coordinator of the UBA and Yuriy Dmytrenko, Associate at Sayenko Kharenko, UBA member.

As part of the initiative, experts will prepare analytical reports with the results of the generalization of practice of the High Council of Justice for 2018 and six months of 2019 on its compliance with the standards and recommendations of the Council of Europe.

The main questions to be investigated by experts:

  • grounds for bringing judges to disciplinary responsibility;
  • disciplinary penalties applied to judges;
  • proportionality of imposed disciplinary penalties on grounds of disciplinary liability;
  • the occurrence of cases of bringing judges to disciplinary liability for interpreting the law, assessing the facts and evidence in a particular case;
  • unity of practice of disciplinary chambers and practices of the High Council of Justice, etc.

The project is being implemented with the support of the Council of Europe project "Supporting Ukraine in the execution of judgments of the European Court of Human Rights".

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