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Submission of a complaint

on Judicial Misconduct

on Court Employee’s Misconduct  

 

on Judicial Misconduct

In accordance with Article 107 of the Law of Ukraine “On the Judicial System and the Status of Judges”, any person has the right to file a complaint about a disciplinary offense of a judge (disciplinary complaint). Citizens exercise this right personally or through a lawyer, legal entities - through an attorney, state authorities and local self-government bodies – through their top-managers or representatives.

An attorney is required to verify facts that may entail disciplinary liability of a judge before filing a disciplinary complaint. 

 

A disciplinary complaint must be made in writing and must contain the following information:

• surname, first name of the complainant, his place of residence (stay) or location, postal code, telephone number;

• surname, first name and position of the judge (s) complained of;

• specific information about the presence in the judge's behavior of signs of disciplinary misconduct, which in accordance with part one of Article 106 of this Law may be grounds for a judge's disciplinary responsibility;

• references to factual data (evidence) supporting the information provided by the complaint.

The disciplinary complaint shall be signed by the complainant, stating the date of its signature.

Disciplinary proceedings against a judge shall be carried out by the disciplinary chambers of the High Council of Justice in accordance with the procedure established by the Law of Ukraine "On the High Council of Justice", taking into account the requirements of the said Law.

 

The grounds for disciplinary liability of a judge are:

1) wilfully or negligently:

a) unlawful refusal of access to justice (in particular, unlawful refusal to examine the merits of a claim, appeal, cassation complaint, etc.) or other significant violation of the rules of procedural law during the administration of justice, which made it impossible for the participants of the judicial process to execute the procedural rights granted to them duties or has led to a breach of the rules on jurisdiction or court composition;

b) failure to state in the court decision the reasons for accepting or rejecting the parties' arguments regarding the substance of the dispute;

c) violation of the principles of publicity and openness of the trial;

d) violation of the principles of equality of all parties to the lawsuit before the law and the court, the parties' competitiveness and freedom in presenting their evidence to the court and in proving their conviction before the court;

e) failure to secure the defendant's right to defense, obstruction of the rights of other participants in the trial;

f) violation of the rules on withdrawal (recusal);

2) unreasonably delaying or non-taking of measures by a judge to consider an application, complaint or case within the period stipulated by law, delaying the preparation of a reasoned court decision, failure to provide a judge with a copy of the court decision for its entry in the Unified State Register of Judgments;

3) allowing a judge conduct that defames a judge or undermines the authority of justice, in particular in matters of morality, honesty, integrity, compliance with the judge's lifestyle, adherence to other rules of judicial ethics and standards of conduct that ensure public confidence in the court, a manifestation of disrespect other judges, lawyers, experts, witnesses or other litigants;

4) knowingly or in connection with the apparent negligence of admitting a judge who participated in the adjudication, violation of human rights and fundamental freedoms;

5) disclosing to the judge secrets protected by law, including the secrets of the conference room, or information that became known to the judge during the hearing of the case in a closed court session;

6) failure to notify the judge of the High Council of Justice and the Prosecutor General of the case of interference with the activity of a judge, including the appeal to him of the participants of a trial or other persons, including persons authorized to perform the functions of the state, concerning specific cases being in the proceedings of a judge, if such an appeal is made in a procedure other than that provided for by the procedural law, within five days after he becomes aware of such case;

7) failure to notify or late notification of the Council of Judges of Ukraine on the real or potential conflict of interests of a judge (except when the conflict of interests is settled in the manner determined by the procedural law);

8) interference in process of the administration of justice by other judges;

9) failure to submit or untimely submission for publication of a declaration by a person authorized to perform the functions of the state or local self-government in order prescribed by the legislation in the field of corruption prevention;

10) indication in the declaration of a person authorized to perform the functions of the state or local self-government, deliberately false information or deliberate neglect of information specified by law;

11) using the status of a judge for the purpose of illegally obtaining material benefits or other benefits for him or a third party, if such an offense does not contain components of crime or criminal misconduct;

12) admission by a judge of unfair behavior, including the expenses incurred by a judge or his family members in excess of the income of such judge and the income of his family members; establishing inconsistencies in the level of a judge with declared income; non-confirmation by a judge of the legality of the source of the property;

13) failure to provide information or providing knowingly false information at the legal request of a member of the High Qualifications Commission of Judges of Ukraine and / or a member of the High Council of Justice;

14) failure to attend a refresher course at the National School of Judges of Ukraine in accordance with the direction determined by the body conducting disciplinary proceedings against judges, or failure to pass further qualification assessments to confirm the judge’s ability to execute justice in the relevant court, or disconfirm the judge’s ability to execute justice in the relevant court based on the results of this qualification assessment;

15) finding a judge guilty in committing  a corruption offense or an offense related to corruption, in cases established by law;

16) failure to submit or untimely submission of a declaration of family ties by a judge in the procedure specified of this Law;

17) submission of obviously false (including incomplete) information in the declaration of family ties of a judge;

18) failure to submit or untimely submission of a declaration of integrity by a judge in the procedure specified by this Law;

19) declaration of knowingly unreliable (including incomplete) statements in the judge's declaration of integrity.

Important! The reversal or amendment of judgement does not entail the disciplinary liability of the judge who participated in its adoption, except in cases where the decision is canceled or changed due to intentional violation of the rule of law or improper attitude to official duties.

According to the decision of the High Council of Justice dated February 14, 2017 No. 269/0 / 15-17 approved a Sample of a complaint on a disciplinary offense of a judge (judges) (disciplinary complaint).

 

on Court Employee’s Misconduct  

When visiting (appealing to) the court you encountered improper performance of the duties (inappropriate behavior) of an employee of the court administration, you can file a complaint to the chairman of the court (his/her deputy) and/or the chief of staff.

A complaint regarding actions (inactions) of an employee of the court administration must be filed in writing; clear and well-founded; contain only true information.; and contain the following information:

• name of the body, official to whom the application is addressed;

• surname, name, patronymic of the applicant,home  address, phone number, email address (if any);

• name of the document (complaint about the actions / omission of a judge / employee of the court administration)

• information about what exactly are the improper actions of a court employee with reference to evidence confirming the above circumstances;

• claims which are made in connection with the inappropriate behavior of a court employee;

• list of attached materials;

• signature of the applicant indicating the date.

 

If the application is submitted on behalf of the person who is the representative, the authority of the representative must be confirmed by an appropriate document (power of attorney, etc.), a copy of which must be attached to the application and the like.

An application (complaint) may be sent to the сourt by postal service or in person through the Information Center.

n addition, in accordance with Article 23 of the Law of Ukraine “On Access to Public Information”, decisions, actions or inactions of the Court as the disposer of information may be appealed.  

 

The following complaint may be filed:

• on the name of the chief judge of the court (his deputies) and / or the chief of staff;

• to the State Judicial Administration of Ukraine;

• to the court in accordance with the Code of Administrative Proceedings of Ukraine. 

 

In accordance with the Law of Ukraine “On Access to Public Information”, the following may be appealed:

• denial of a request for information;

• deferral of a request for information;

• failure to provide a response to a  request for information;

• providing false or incomplete information;

• late submission of information

• failure by disposers  to make information public in accordance with Article 15 of this Law;

• other decisions, acts or omissions of information disposers, violated the legitimate rights and interests of the requestor.

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