The Congress has to demonstrate judicial accountability towards the public and the judiciary – President of the Supreme Court

Today, on 9 March 2021, the President of the Supreme Court Valentyna Danishevska took part in the opening of the XVIII regular Congress of Judges of Ukraine. At the Congress, which will be running from 9 to 11 March 2021, it is planned to elect members of the High Council of Justice, the Council of Judges of Ukraine, as well as to appoint a judge of the Constitutional Court of Ukraine.

In her welcoming speech, the President of the Supreme Court thanked the judges for their commitment and that, despite the challenges linked to the pandemic, they heard 3.5 million cases and materials in 2020. Valentyna Danishevska also noted that about 13% of decisions are contested before the courts of appeal. I.e., more than 80% of decisions are accepted by the parties having thereby a high level of public confidence in the court decisions.

In addition, according to the sociological study organized by the Razumkov Center, every year since 2017, the level of trust of citizens who came to the courts and used their services is increasing.

"In 2020, we had a positive balance, i. e. the number of respondents who trust in the courts is higher than the number of those who do not," said the President of the Supreme Court. However, unfortunately, the level of trust in the judiciary of those citizens who know about the courts only from the media is still low.

According to Valentyna Danishevska, it is a judiciary’s constitutional duty to hold a Congress of judges and establish judicial governance and self-governance bodies. "Today we have to let the public know what honourable people with сlean reputation we will recommend to these bodies," underlined the President of the Supreme Court”.

She also noted that in 2020, challenges linked to the pandemic were not the only ones, but there was also a necessity to stand for judicial independence before the Constitutional Court of Ukraine and in talks with other government agencies as well.

"When safeguarding their independence, judges have to remember that it cannot exist apart from accountability and responsibility. There is a very complicated balance, because of the thin line between these categories. The judiciary has to use great efforts to enjoy its real independence, so that every judge feels free from any pressure, whether from the government or public. Only through our joint efforts will we be able to enhance our independence", said the President.

Valentyna Danishevska also spoke about internal pressure inside the judiciary, noting that it also has its own "fifth column". "Those who do not keep the judicial oath or consider it farcical, will sooner or later go away either with the agencies or society’s support, but in due time the judicial system will obtain its honourable image amongst the other powers and earn the respect of public", said the President of the Supreme Court.

According to her, judges need to seek answers to the question of what the judiciary still needs to do to increase public confidence in it. “There is no other protection for judges than their pure conduct, lawful and clearly motivated decisions. No one will protect us if we cannot provide society with its expectations of the courts. This path is not easy, we have to jointly develop every step to meet the society. The Congress has to demonstrate that judges are accountable to society, judicial system and the Constitution as it imposes constant functioning of democratic institutions”, said Valentyna Danishevska.

The President of the Supreme Court wished the delegates of the XVIII regular Congress of Judges would elect honourable members of the HCJ, the COJU and the judge of the CCU.

Andrii Ovsienko, Head of the HCJ, focused on importance of continuity of the activity of judicial governance and self-governance bodies. "Administration of justice is highly important and complicated issue in the conditions of insufficient financing and staffing. The task of the Congress of Judges is to form these bodies to ensure their consistent and independent work. I would like to wish you wisdom and courage when deciding these not easy matters", underlined Andrii Ovsienko.

The Head of the COJ of Ukraine Bohdan Monich, expressed his conviction that all judges are aware of the importance to hold a Congress, renovate the COJ’s operation, support its efficiency, and to prevent the HCJ’s operation from being paralyzed.