According to paragraph 2 of section II “Final and transitional provisions” of the Law of Ukraine “On Amendments to the Law of Ukraine “On Judiciary and the Status of Judges” and Some Laws of Ukraine on the Activity of Judicial Governance Bodies” from the date of entry into force of this Law, the powers of members of the High Qualification Commission of Judges of Ukraine were terminated. As of today, the new composition of the Commission has not been formed.
At the same time, the Secretariat of the Commission within its powers in 2022 carried out:
Keeping records of data on the positions of judges
- The maximum number of positions of judges as of December 31, 2022 – 6,483 of which:
1) in local courts – 4,900, including:
- in local general courts – 3,751;
- in local commercial courts – 593;
- in local administrative courts – 556;
2) in appellate courts – 1,318, including:
- in appellate general courts – 843;
- in appellate commercial courts – 218;
- in appellate administrative courts – 257;
3) in higher specialized courts – 69, including:
- in the High Anti-Corruption Court – 39;
- in the High Court on Intellectual Property – 30;
4) in the Supreme Court – 196, including:
- in the Civil Court of Cassation of the Supreme Court – 53;
- in the Criminal Court of Cassation of the Supreme Court – 42;
- in the Commercial Court of Cassation of the Supreme Court – 45;
- in the Administrative Court of Cassation of the Supreme Court – 56.
The information is provided taking into account the defined maximum number of judges, in particular the temporary number as of 2019 in district administrative courts and appellate courts, and excluding established courts that have not started working, courts whose work has been suspended (whose jurisdiction has been assigned to another court).
- The number of persons appointed (elected) to the positions of judges in courts that have not stopped working (whose jurisdiction has not been assigned to another court), as of December 31, 2022 – 4,643 / 72% of the maximum number of positions of judges (women – 2,474 / 53%); men – 2,169 / 47%):
1) in local courts – 3,690 / 75% of the maximum number of positions of judges (women – 2,000 / 54%; men – 1 690 / 46%), including:
- in local general courts – 2 749 / 73% of the maximum number of positions of judges (women – 1,490 / 54%; men – 1,259 / 46%);
- in local commercial courts – 468 / 79% of the maximum number of positions of judges (women – 253 / 54%; men – 215 / 46%);
- in local administrative courts – 473 / 85% of the maximum number of positions of judges (women – 257 / 54%; men – 216 / 46%);
2) in appellate courts – 737 / 56% of the maximum number of positions of judges (women – 386 / 52%; men – 351 / 48%), including:
- in appellate general courts – 424 / 50% of the maximum number of positions of judges (women – 230 / 54%; men – 194 / 46%);
- in appellate commercial courts – 141 / 65% of the maximum number of positions of judges (women – 82 / 58%; men – 59 / 42%);
- in appellate administrative courts – 172 / 67% of the maximum number of positions of judges (women – 74 / 43%; men – 98 / 57%);
3) in high specialized courts – 38 / 55% of the maximum number of positions of judges (women – 14 / 37%; men –24 / 63%), including:
- in the High Anti-Corruption Court – 38 / 97% of the maximum number of positions of judges (women – 14 / 37%; men – 24 / 63%);
- in the High Court on Intellectual Property – 0;
4) in the Supreme Court – 178 / 91% of the maximum number of positions of judges (women – 74 / 42%; men – 104 / 58%), including:
- in the Civil Court of Cassation of the Supreme Court – 45 / 85% of the maximum number of positions of judges (women – 16 / 36%; men – 29 / 64%);
- in the Criminal Court of Cassation of the Supreme Court – 38 / 90% of the maximum number of positions of judges (women – 14 / 37%; men – 24 / 63%);
- in the Commercial Court of Cassation of the Supreme Court – 42 / 93% of the maximum number of positions of judges (women – 17 / 40%; men – 25 / 60%);
- in the Administrative Court of Cassation of the Supreme Court – 53 / 95% of the maximum number of positions of judges (women – 27 / 51%; men – 26 / 49%).
The information is provided without taking into account persons holding judicial positions in liquidated (reorganized) courts that have stopped administering justice due to the establishment of new courts, or courts whose work has been suspended (whose jurisdiction has been assigned to another court).
Records are kept at the permanent place of work of judges (excluding data on temporary transfers).
- The number of persons who, as of December 31, 2022, held full-time judicial positions in courts that ceased to administer due to the establishment of new courts, or in courts whose work was suspended (whose jurisdiction has been assigned to another court) – 597 (women – 347 / 58%; men – 250 / 42%), of which:
1) in local courts – 463 (women – 274 / 59%; men – 189 / 41%), including:
- in local general courts – 390 (women – 238 / 61%; men – 152 / 39%);
- in local commercial courts – 10 (women – 6 / 60%; men – 4 / 40%);
- in local administrative courts – 63 (women – 30 / 48%; men – 33 / 52%);
2) in appellate courts – 83 (women – 52 / 63%; men – 31 / 37%), including:
- in appellate general courts - 76 (women - 47 / 62%; men - 29 / 38%);
- in appellate commercial courts – 4 (women – 3 / 75%; men – 1 / 25%);
- in appellate administrative courts – 3 (women – 2 / 67%; men – 1 / 33%);
3) in high specialized courts – 42 (women – 19 / 45%; men – 23 / 55%), including:
- in the High Specialized Court of Ukraine for Civil and Criminal Cases - 15 (women - 9 / 60%; men - 6 / 40%);
- in the Supreme Economic Court of Ukraine – 11 (women – 4 / 36%; men – 7 / 64%);
- in the Supreme Administrative Court of Ukraine – 16 (women – 6 / 38%; men – 10 / 62%);
4) in the Supreme Court of Ukraine – 9 (women – 2 / 22%; men – 7 / 78%).
The information is provided taking into account judges of local and appellate courts seconded to another local and appellate court as a judge.
- In 2022, no person was appointed to the position of judge for the first time.
- The number of persons appointed in 2022 to the positions of judges of local general courts for an indefinite period is 28 (women – 11 / 39%; men – 17 / 61%).
Throughout 2022, no person has been appointed indefinitely to the positions of judges of local administrative and commercial courts.
- The number of persons who, as of December 31, 2022, held full-time judicial positions in local courts and did not administer justice in connection with the expiration of the five-year appointment period, is 325 (women – 176 / 54%; men – 149 / 46%), of which:
- in general courts – 290 (women – 156 / 54%; men – 134 / 46%);
- in commercial courts – 16 (women – 11 / 69%; men – 5 / 31%);
- in administrative courts – 19 (women – 9 / 47%; men – 10 / 53%).
- The number of vacant positions of judges in courts that have not stopped working (whose jurisdiction has not been assigned to another court), as of December 31, 2022 – 1,840 / 28% of the maximum number of positions of judges, of which:
1) in local courts – 1,210 / 25% of the maximum number of positions of local court judges, including:
- in local general courts – 1,002 / 27% of the maximum number of positions of judges;
- in local commercial courts – 125 / 21% of the maximum number of positions of judges;
- in local administrative courts – 83 / 15% of the maximum number of positions of judges;
2) in appellate courts – 581 / 44% of the maximum number of positions of appellate court judges, including:
- in appellate general courts – 419 / 50% of the maximum number of positions of judges;
- in appellate commercial courts – 77 / 35% of the maximum number of positions of judges;
- in appellate administrative courts – 85 / 33% of the maximum number of positions of judges;
3) in high specialized courts – 31 / 45% of the maximum number of positions of judges of high specialized courts, including:
- in the High Anti-corruption Court – 1 / 3% of the maximum number of positions of judges;
- in the High Court on Intellectual Property – 30 / 100% of the maximum number of positions of judges;
4) in the Supreme Court – 18 / 9% of the maximum number of positions of judges in the cassation courts of the Supreme Court, including:
- in the Civil Court of Cassation of the Supreme Court – 8 / 15% of the maximum number of positions of judges;
- in the Criminal Court of Cassation of the Supreme Court – 4 / 10% of the maximum number of positions of judges;
- in the Commercial Court of Cassation of the Supreme Court – 3 / 7% of the maximum number of positions of judges;
- in the Administrative Court of Cassation of the Supreme Court – 3 / 5% of the maximum number of positions of judges.
- The number of candidates for the position of a judge who, as of December 31, 2022, were in the reserve for filling vacant positions of judges of local courts and who have not been appointed to the position of a judge (the appointment procedure is not ongoing), is 214 (women – 136 / 64%; men – 78 / 36%):
1) in the reserve:
- for the positions of judges of administrative courts – 104 (women – 61 / 59%; men – 43 / 31%);
- for the positions of commercial court judges – 84 (women – 59 / 70%; men – 25 / 30%);
- for the positions of judges of general courts - 160 (women - 106 / 66%; men – 54 / 34%);
2) by the number of reserves in which the candidate is:
a) in one reserve – 119 (women – 71 / 60%; men – 48 / 40%):
- for the positions of judges of administrative courts - 30 (women - 15 / 50%; men - 15 / 50%);
- for the positions of judges of commercial court – 15 (women – 11 / 73%; men – 4 / 27%);
- for the positions of judges of general courts – 74 (women – 45 / 61%; men – 29 / 39%);
b) in two reserves – 56 (women – 40 / 71%; men – 16 / 29%):
- for the positions of judges of administrative and commercial courts – 9 (women – 4 / 44%; men – 5 / 56%);
- for the positions of judges of administrative and general courts – 26 (women – 17 / 65%; men – 9 / 35%);
- for the positions of judges of commercial and general courts – 21 (women – 19 / 90%; men – 2 / 10%);
c) in three reserves – 39 (women – 25 / 64%; men – 14 / 36%).
- The projected number of vacant positions of judges in courts that have not stopped working (jurisdiction of which has not been assigned to another court), that will be available in 2023 in connection with the termination of powers upon reaching the age limit for holding the position of a judge, is 42 (women – 26 / 62%; men – 16 / 38%), of which:
1) in local courts – 21 (women – 13 / 62%; men – 8 / 38%), including:
- in local general courts – 16 (women – 11 / 69%; men – 5 / 31%);
- in local commercial courts – 4 (women – 2 / 50%; men – 2 / 50%);
- in local administrative courts – 1 (men – 1 / 100%);
2) in appeal courts – 17 (women – 10 / 59%; men – 7 / 41%), including:
- in appellate general courts – 14 (women – 8 / 57%; men – 6 / 43%);
- in appellate commercial courts – 1 (women – 1 / 100%);
- in appellate administrative courts – 2 (women – 1 / 50%; men – 1 / 50%);
3) in high specialized courts – 0;
4) in the Supreme Court – 4 (women – 3 / 75%; men – 1 / 25%), including:
- The Criminal Court of Cassation of the Supreme Court – 2 (women – 2 / 100%);
- The Commercial Court of Cassation of the Supreme Court – 2 (women – 1 / 50%; men – 1 / 50%).
Formation and maintenance of judicial dossier
- 8,317 judicial dossiers were stored and filled.
- Maintenance of 5,312 judicial files of persons who held the position of a judge during 2022 was ensured.
Formation and maintenance of dossiers and personal files of candidates for the position of a judge
Maintenance of 2,920 dossiers and personal files of candidates for the position of a judge has been ensured.
Representation of the Commission’s interests in courts
During 2022, there were 93 cases in the proceedings of courts of various instances in which the High Qualification Commission of Judges of Ukraine was a party or participant. The Secretariat of the Commission sent letters to fulfill the requests of judges for evidence and information, and also ensured the participation of employees in court sessions as free listeners. As of December 31, 2022, 76 cases were pending in courts of various instances, in which the Commission was a party or participant.
Document flow in the Commission
In 2022 the Commission’s document flow was 4,830.
Consideration of requests for public information
The number of processed requests for information in the manner prescribed by the Law of Ukraine “On Access to Public Information” – 154.
International cooperation
In 2022, the Commission fruitfully interacted with the following organizations:
- USAID program “Justice for All”;
- European Commission on the Efficiency of Justice of the Council of Europe (CEPEJ).
The number of events in which Commission employees took part was 11.
Procedures not completed by the Commission
As of December 31, 2022, the Commission has not completed the following procedures:
- competition for 21 positions of a judge of the High Court on Intellectual Property. 60 candidates continue to participate in it;
- competition for 9 positions of judges of the Appellate Chamber on the High Court of Intellectual Property. 38 candidates continue to participate in it;
- competition for filling 346 positions of judges of appellate courts. Documents were received from 2 208 persons to participate in the competition;
- competition to fill 7 vacant positions of judges in the local general courts of Donetsk and Luhansk regions for candidates for the position of a judge who meet the requirements of paragraph seven, point 13, section III “Final and transitional provisions” of the Law of Ukraine “On the High Council of Justice”. 6 candidates continue to participate;
- competition to fill 35 vacant positions of judges of local courts for candidates for the position of a judge who meets the requirements of the third paragraph of point 13 of section III “Final and transitional provisions” of the Law of Ukraine “On the High Council of Justice”. 25 candidates continue to participate;
- qualification evaluation of 2 009 judges;
- selection of candidates for the position of a local court judge. 368 candidates continue to participate.