new anti-corruption legislation, the introduction of systems for automated distribution of cases (ARD) in adminsudah, lack of funding disrupt the work of the judicial system with the beginning of next year.

These and other risks are members of the Council of Judges of Ukraine (SSA) have formulated a treatment and sent him the first person of the state. On Friday a meeting of the Council of Judges, which addressed the three main problems of this branch.

Much debate has necessitated the introduction of all adminsudah ARD systems, for which the law requires the number 1475-VI, with effect from January 1, 2010, among other things, this document provides for criminal liability for interfering with the functioning of such systems. The authors of the bill sought to abolish the most powerful tool of manipulation by judicial decisions - manual distribution cases.

ARD in adminsudah

Chapter SSA Peter Pilipchuk asked the basic question of the State Judicial Administration (FSA) who worries leadership of the judiciary: Are GAW ensure legislative changes in the technical, human and financial terms from January 1, 2010?

deputy head of the FSA Victor Kapustinskii stressed that since the beginning of next year adminsudoproizvodstvo actually under threat. In the event of failure or temporary incapacity of ARD adminsudy may refuse the administration of justice from January 1, 2010 FSA asked the Finance Ministry with a request to allocate 46.5 million UAH. To meet the requirements of the law (the purchase of equipment, personnel training, etc. ). But these funds in the amount of UAH 40 million. provided only in draft state budget-2010. Thus at GAW no one answer, to which courts should apply the law. According Casu, adminsudami are not only the district and appellate adminsudy, Vasu and adminpalata APU, but the local courts of general jurisdiction (in Ukraine - 666 courts and 35 adminsudov) , - said Kapustinskii.

FSA representative also noted that in the 23 district and seven appellate adminsudah today already used the software Automated equipment. And it is this program Vasu recommended for use in adminsudah. But it was created before the law, and the position of FSA systems ARD still resides at the design stage. This is a violation of whatever it was logic! Moreover, the program requires a substantial revision - complains Mr Kapustinskii.

Later members of SSA concluded that even the allocation of all necessary means will not allow to fulfill the law in full. Criminal responsibility will, and the system will not work - summed up Peter Pilipchuk.

The findings

SSA members agreed and the head Vasu Alexander Pasenyuk, noting, however, that in Ukraine only 20 adminsudah embedded systems ARD. This law does not comply with both the Constitution and other existing laws. It is necessary to delay its entry into force and amend - said Pasenyuk.

deputy head of SSA, Alexander Volkov said that today a working group to implement automated control systems in all courts in Ukraine: Experts estimate that it will cost $ 60 million and take six years. But at the same time do not forget that 80% of premises ships we have not adapted to carry out justice.

One of the authors of the law, MP from the BYuT Svyatoslav Oliynyk sure that the demand for money for the implementation of the law of the state budget - is a trick chairmen adminsudov not to lose the feed them cake. In any adminsude the chairman is a judge favorite and judges rogue.

Last

consider only cases related to pension funds, and judges allow themselves favorites for $ 3-5 million to make determinations concerning the filling of the state budget. Adminsudy state budget caused such harm to their illegal activities, that the time to ask: Does it even a country such courts and their leaders? Manual distribution of cases - the main basis of corrupt chairmen adminsudov. During this fabulous income and they are fighting. Perhaps those 46 million UAH. That they want - a weekly income of one corrupt adminsuda. By the way, we can put Andrei Portnova each adminsude one computer to implement the system - no more need, - promised the deputy.

According to him, adminyustitsiya - completely discredited branch of the judiciary: Such outrages in other courts do not. But in the Rada's committee on justice are similar bills, and all other judicial verticals. adminsudah just the situation in the most critical. According to Mr. Oliynyk, if by January 1, 2010 in adminsude would not operate a system of ARD, the president of the court will already be held criminally responsible: There are also courts of general jurisdiction, which long have introduced the system of ARA - without a pennyof budget money. If the beginning of next year in the case adminsude not be distributed in the automatic mode, it can already be called into question the legitimacy of the panel of judges.

At the same time, the MP stressed that the authors of the law meant solely Action 35 adminsudov, while local courts of general jurisdiction are included in another vertical and will be governed by other bills.

anti-corruption legislation and the courts

11 August this year Rada passed three laws: the basics of preventing and combating corruption, liability of legal persons for corruption offenses, as well as corresponding changes in other legislation. The new rules come into force from January 1, 2010

members of the SSA concluded that the new anti-corruption legislative framework would have several negative consequences for the judicial system. Illustrative went Pilipchuk dialogue between Peter and Judge Michael MAT Grytsivym, which reported on the subject: Adminsudy may or may not sit in private rooms? - The law clearly says that any aid from the state organs person or entity is prohibited. Judges may continue to teach at the Academy of Judges of Ukraine? - They can, but only during off-hours. The fact that judges and court employees to buy stamps, envelopes, toner cartridges, bring their own computers, this corruption? - This too can be interpreted as corruption.

The deputy Vasyl Humeniuk SSA emphasized that the new legislation particularly hard hit adminsudam: There, if not all district adminsudy are in private rooms, then at least half - exactly. And what they do? Wait until they draw up a report about corruption, or continue to work? But doubts may arise concerning the activities of the court and its legitimacy.
In the future head of the GAW Ivan Balaklitsky give any information, which surprised many judges: in Ukraine, more than 300 vessels are in the premises of non-state property, including - private rooms. The relevant agreements were concluded. Today will need to conduct an audit of all these instruments - in accordance with established procedure. According to one court of Dnepropetrovsk region, we have made calculations and found that the lease of premises at 3 thousand square meters. M is more than 2 million UAH. This is a tremendous amount that the budget will not cope. We must put the question to the government about the correction of the budget or the implementation of the state program for the judges premises. Today, this program is not funded, - concluded Mr. Balaklitsky.

Kivalov strike

At the meeting

SSA found continued lasts several years of conflict between MAT and the team head Rada Committee on Justice, Sergei Kivalov. At the last committee meeting it was decided, which could not but arouse indignation among the leaders of the judicial system. The deputies refused to consider the documents adopted by the new composition of the High Qualification Commission of Judges (VKKS) until you clarify the situation with the legitimacy of its composition.

This is a decree of President Viktor Yushchenko, who on the eve of the next meeting VKKS replaced two members of the Commission on its quota, although it still is not finished his term. One intermission members VKKS Ruslan Kirilyuk challenge the head of state in court. Now members of the parliamentary committee are waiting for a decision of the court, or cancel the decree of Victor Yushchenko.

Even a few weeks before the meeting of SSA were talking about that this body will give an adequate response to the Committee for a decision. Ultimately, however, SSA executives refused the idea to make a decision on this problem. For the case of Ruslan Kiriliuk now considered the District adminsude Kiev, and the statement of SSA can be interpreted as pressure on the court.

managers therefore decided to notify the SSA of the first State in the first place - Speaker Volodymyr Lytvyn, on how working committee on justice in considering the submissions to the indefinite election of judges. Alexander Volkov said that before the Committee were 289 submissions. Of these, within a month is not considered neither in up to three months is not considered 76, more than three months - 213 (50 of them - more than a year). The Board violated statutory deadlines - it must consider these representations during the month. The term may be extended for not more than two months - due to complaints. Committee demonstrates that the judiciary is independent even from the parliament but from the committee. And various nasty rumors - chairmen of the courts of this lot of knowledge. And criminologists know very well what it means, - said Volkov.

But SSA deputy Stanislav Mishchenko asked to take into account that the members of the parliamentary committee is unlikely to deliberately violate the terms: I am often at meetings and I know that there's a political problem. And I did not see that any judge was shot candidate just.
Head of Rada's Committee for Justice, Sergei Kivalov said that it has been four meetings of the committee, where decisions were made on the recommendation of the judges to be elected indefinitely, but Parliament can not take a vote. The Committee considered, but Parliament did not consider. We can not influence this process. Every Monday at the conciliation board, I make a suggestion, this issue include in the agenda, but before the vote does not come, - said Mr. Kivalov. He confirmed that his committee, indeed, there are views that are 3-4 months: We can not consider them because there is a complaint. And to all complaints, we could not stand candidates in the room. And at each meeting of the Committee, we rule on the five problematic cases - if there is a complaint or if the first time man is not elected as a judge for life. There are cases when people are on year can not pass through parliament.

Sergey Kivalov stressed that the decision not to consider the documents adopted by the incoming VKKS, took not only the members of PR, but also representatives of all the other factions in the parliament: There was a case where a member VKKS Nechiporenko remained 6-7 months before the end of office. We have begun to consider the rotation and then the deputies came to the conclusion that until the end of the term of this should not be - the law clearly established the grounds where you can relieve a member VKKS. The same is true in a situation that has recently formed with members from VKKS presidential quota. But the worst thing is that it highlights the lawlessness leadership MAT, because Chief of Staff heads MAT Nikolai Melnik became a member VKKS.

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