SC Supports the Implementation of Anti-Corruption Strategy, however, the Court Has Precautions Regarding the Judicial Power – Hanna Vronska

On 16 October 2020 the discussion “How the Imperfection of the Judiciary Generates Corruption Risks?” form the series “Anti-Corruption Strategy in the Judicial System: Fair Trial” devoted to the Anti-Corruption Strategy for 2020-2024 took place. During the expert discussion, Hanna Vronska, judge of the Commercial Cassation Court within the Supreme Court, Secretary of the the Judicial Chamber on Cases on Corporative Disputes, Corporative Rights and Securities, presented her report.

The judge informed that the Supreme Court had provided the National Agency on Corruption Prevention with its position regarding the Section “Fair Trial”. In general, the Court has supported the implementation of the Anti-Corruption Strategy for 2020-2024, however, there are some precautions, Hanna Vronska noted. She has told about them in details while presenting her speech.

Particularly, sub-item 1 of item 3.1.4 of the draft Strategy provides for the implementation of mechanisms to prevent the same person from holding an administrative position in a court for a long time by enabling each judge of the court to hold the position of the chief justice of this court. In Hanna’s Vronska opinion this is irrational and ineffective.

“The current law provides for rather democratic way of electing court chief justice. This is referred to the competence of judicial self-government bodies, namely the assembly of judges. We have restrictions in the law, according to which the chief justice of the court may not be elected to office for more than two consecutive terms; the chief justice of the court shall be elected for three years. And this is the compromise option that gives one person the opportunity to show his/her abilities as chief justice, to establish the work of the court and to be responsible for it”, – the judge noted

She also remarked that, for example, in the Commercial Cassation Court within the SC not every judge had the desire, ability and experience to hold an administrative position, and the procedure for electing judges to such positions was clearly regulated and subject to the Regulation on the Assembly of Judges: voting is secret, held on an alternative basis providing competition between candidates, grounds for declaring the vote invalid are established, etc.

One of the sub-items of the draft Strategy – the implementation of electronic judicial proceedings – is supported by all participants in the process, but it needs to be carefully finalized in terms of the list of cases that can be considered under such rules, as well as adequate funding of the judiciary authorities.

“When we talk about e-justice and all the benefits of its implementation, we must take into account such a point as the proper provision of courts with equipment, software that will enable to administer e-justice not to the detriment of the parties, but only to enhance the efficiency of justice. Also, if we talk about more effective administration of justice, then our citizens should be able to participate in such cases through the Internet, which sometimes is impossible in remote parts of the country”, – Hanna Vronska underlined.

The judge also touched upon the proposals of the draft Strategy to expand alternative dispute resolution and pre-trial dispute resolution, as well as to improve the system of judgment enforcement.

“If we talk about alternative ways of resolving disputes, they should also include upgrading the system of judgment enforcement, because citizens, while applying to court, hope that the judgment will be enforced. If they turn to alternative dispute resolution, the mechanism of implementation of such judgments is very complicated for an average citizen. Therefore, this idea should be generally supported, but it is currently insufficient only to note in the Strategy "expanding the scope of alternative dispute resolution" without specifying how such judgments will be enforced; it also needs further development” – Hanna Vronska summarized.