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Being a judge is not just a job, it is a way of life, a certain type of person who has a sincere desire to deliver justice and exercise his/her powers with dignity - Supreme Court President

25 september 2024, 17:18

No democratic state can exist without an effective judiciary, just as courts cannot function without proper staffing. At the same time, the shortage of personnel in the judiciary is one of the key issues that needs to be addressed as soon as possible, as the number of vacancies in the courts is increasing every day.

Under these extremely difficult conditions, the judiciary is still managing to keep the situation stable and cope with its tasks, as evidenced by the number of cases under consideration. However, this cannot be described as normal working conditions.

That is why it is necessary to solve the problem of creating a new network of courts, which will, in particular, regulate the workload of judges and, through the consolidation of courts, ensure proper access to justice on the territory of the new districts created as a result of the adoption of the new administrative and territorial structure of Ukraine.

This was emphasised by the President of the Supreme Court, Stanislav Kravchenko, during the roundtable 'Attractiveness of a Judicial Career: European and Ukrainian Dimensions'.

'The competitive procedures are currently underway, and candidates for judgeships note that the position of judge is the pinnacle of a legal career. It is also worth noting that the motivation behind their decision to become judges is not primarily driven by material considerations, but rather by a genuine desire to contribute to the advancement of the rule of law. In fact, being a judge is not just a job, it is a way of life, a certain type of person who has a sincere desire to administer justice and exercise their powers with dignity, thereby strengthening the authority of the court,' said Stanislav Kravchenko.

According to the SC President, unjustified criticism of courts has a negative impact on the attractiveness of the judicial profession. At the same time, the official statistics of the State Judicial Administration of Ukraine on challenging court decisions on appeal and cassation, as well as on the number of filed challenges to the court composition, reflect the real state of affairs and indicate a fairly high level of trust in the courts. Therefore, according to Stanislav Kravchenko, an important aspect of the judiciary's work is to establish effective communication with the public. This is done with the goal of providing objective coverage of the judicial system.

During the discussion, Olena Kibenko, Supreme Court Judge of the Commercial Cassation Court, spoke about the distinctive aspects of transitioning to a judicial career from other legal professions, highlighting the challenges encountered by candidates seeking the position of judge. In particular, the length of the competition procedures and public criticism are not conducive to creating a positive image of the judicial profession.

Furthermore, the speaker endorsed the concept of 'positive selection', emphasising that the positive attributes of judicial candidates should be given due consideration.

Additionally, Olena Kibenko highlighted the significance of cultural change, underscoring the potential for judicial candidates to enhance their personal growth through extrajudicial activities.

Olena Bilokon, Supreme Court Judge of the Civil Cassation Court, has stated that the number of candidates for judicial positions is on the decline. Factors that may contribute to the decline in the attractiveness of a judicial career include an excessive workload for judges, lengthy competition procedures and excessive public pressure on judges.

Olena Bilokon also highlighted the issue of a judge's heavy workload, proposing that, in addition to filling judicial vacancies, the development of out-of-court dispute resolution institutions should be considered. Institutions such as mediation or dispute resolution institutions with the participation of a judge, which are outlined in all procedural codes, have the potential to reduce the workload of judges, thereby enhancing the appeal of a judicial career.

The judge also examined how the judicial profession can be made more appealing to law students, who are the next generation of lawyers, trained in an environment where human rights and international standards of justice are promoted, and who value a positive work experience. A judge can only derive satisfaction from their role when they are able to see justice being implemented in their judgments.

'At the Supreme Court, we proactively engage with young people. We provide guided tours of the court for students and offer mock court hearings, along with detailed discussions about the judicial profession. Our objective is to foster a positive perception of the judicial system among young people. It may be beneficial to showcase more positive examples to the public, as a judge who is not content with their work is unlikely to set an inspiring example for those considering a career in this profession,' Olena Bilokon commented.

The event was organised by the High Council of Justice in collaboration with the High Qualifications Commission of Judges of Ukraine with the backing of the EU project Pravo-Justice.