SC Plenum Adopted Statement on Records Made, as alleged by NABU, in the Office of the President of the CACK

“A judge may and must use his/her powers only for the protection of human rights and freedoms. Precisely because of that, judges gain their independence, which is neither a privilege, nor an instrument for enrichment”, — says the Statement of the Plenum of the Supreme Court.

“The Plenum has to note that the judiciary has been severely affected by the contents of the records” made, as alleged by NABU, in the office of the President of the Circuit Administrative Court of Kyiv. “This threatens to severely violate the values, on which independent and fair court is based, and removes the daily efforts of thousands of judges to strengthen public confidence in the judiciary”, — the Statement reads.

“Competence, ethics, integrity, zero tolerance of corruption, nonacceptance of external or internal interference, retreat from private contacts, non-transparent procedures and from the telephone justice are the fundamental pillars of the fair trial”, — the Supreme Court emphasizes.

“An independent trial is the basis for a free, democratic and legal state. No aim should be existed and placed before a judge other than the rule of law and protection of human rights”. These are the values that guide activity of the Supreme Court.

The Plenum of the Supreme Court called upon all the judges to demonstrate by all their actions the high standards of justice and ethical conduct, independence and impartiality in decision-making process, both in and out-of-court proceedings, thus remaining faithful to the judge's oath.

Full text of the Statement of the Supreme Court Plenum:

 “Authority of the judiciary depends on actions of each judge.

Competence, ethics, integrity, zero tolerance of corruption, nonacceptance of external or internal interference, retreat from private contacts, non-transparent procedures and from the telephone justice are the fundamental pillars of the fair trial.

A judge may and must use his/her powers only for the protection of human rights and freedoms. Precisely because of that, judges gain their independence, which is neither a privilege, nor an instrument for enrichment.

An independent trial is the basis for a free, democratic and legal state. No aim should be existed and placed before a judge other than the rule of law and protection of human rights. These are the values that guide activity of the Supreme Court.

The courts play a key role in combating crime, as the law empowers them to administer justice, beginning from the judicial control of the pre-trial investigations to consideration of a case on merits by the courts of first, appeal and cassation instances.

The Supreme Court, as the highest court in the court system, in exercise of its powers to ensure the independence and accountability of the judiciary, considers it necessary to express its out-of-court position as for the publication of records by the National Anti-Corruption Bureau of Ukraine made, as alleged by NABU, in the office of the President of the Circuit Administrative Court of Kyiv.

The legal assessment of these records could be provided only in a procedural order within the criminal proceedings on merits, if received by the court.

However, the Plenum of the Supreme Court has to note that the judiciary has been severely affected by the contents of these records. This threatens to severely violate the values, on which independent and fair court is based, and removes the daily efforts of thousands of judges to strengthen public confidence in the judiciary.

In the present situation, the Plenum of the Supreme Court calls upon all the judges to demonstrate by all their actions the high standards of justice and ethical conduct, independence and impartiality in decision-making process, both in and out-of-court proceedings, thus remaining faithful to the judge's oath”.