The Public Integrity Council has been urged not to overload the courts with requests not provided by the law

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The Public Integrity Council is not a legal entity, therefore it has no right to request and receive information on judges from state authorities. Such a response was given by the head of the Court of Appeal of Odesa region Grygoriy Kolesnikov at the request of the coordinator of the Public Integrity Council. This was reported on the website “Zakon i Biznes” (“Law and Business”).

As stated in the letter of the head of the institution, the representative of the Public Integrity Council demanded information regarding 15 judges of the Court of Appeal of Odesa region, for which in October 2017 the High Qualification Commission of Judges appointed an assessment for compliance with the position. In particular, the representatives of the PIC were interested in all available copies of the declarations of those judges, their contact and personal data, including the identification code.

However, as G. Kolesnikov reminded, the information requested was contained in the dossiers of the judges that were formed and stored in the HQCJU. And he urged the Public Integrity Council “not to overload the courts with requests, the execution of which is not provided by the current legislation”.

Also the court noted the following:

“Thus, according to clauses 1, 2, 5 of Part 6 of Article 87 of the Law of Ukraine “On the Judiciary and Status of Judges”, the Public Integrity Council, among other things, has the authority:

– to collect, check and analyze information about a judge (a judicial candidate);
– to provide the High Qualification Commission of Judges of Ukraine with this information;
– to create an information portal for collecting information about professional ethics and integrity of judges and judicial candidates.

At the same time, the legislator established that for the exercise of the authority specified in Article 87 of the Law of Ukraine “On the Judiciary and Status of Judges”, in particular, the authority regarding collecting the information, the members of the Public Integrity Council have only the right of free and full access to open state registers. The Public Integrity Council, that is, a permanent independent body in the judicial system of Ukraine that is not a legal entity, a public organization, or a public association with the legal status or without such a status does not have the right to request and receive other information regarding judges from state authorities (including copies of documents and materials containing information with limited access) on the basis of Article 87 of the Law of Ukraine “On the Judiciary and Status of Judges”, as well as the Laws of Ukraine “On Information”, “On Access to Public Information”, “On Protection of Personal Data”, etc.”.

 

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The Court of Appeal of Odesa Region

65078, Odesa-city, Ivan and Yuriy Lypa Street, 24a

tel. number (0482) 49 26 22 fax 49 26 08, E-mail: inbox@oda.court.gov.ua

 

Registration number 1/18 dated January, 09, 2018

In response to № without number dated December 26, 2017

 

To the coordinator of the Public Integrity Council Tytych V.M.

Dear Vitaliy Mykolayovych!

Your request regarding 15 judges of the Court of Appeal of Odesa region, for which in October 2017 the High Qualification Commission of Judges of Ukraine (hereinafter the Commission) appointed an assessment for compliance with the position, cannot be satisfied due to the following reasons.

As seen from its content you ask on the basis of Article 87 of the Law of Ukraine “On the Judiciary and Status of Judges” to provide the following:

– all available in the court copies of the declarations of the mentioned judges regarding property, income, expenditures and liabilities of a financial nature, and other declarations filed to comply with the requirements of the anti-corruption legislation;

– their contact data (e-mail address, telephone number) for the purposes of communication between the Public Integrity Council (hereinafter the PIC) and the judges as well as for ensuring the right to a response during the assessment for compliance with the criteria of integrity and professional ethics;

– personal data (date of birth, ID code) for the identification of judges when collecting information in open state registers.

It is also known from the media that the Public Integrity Council also applied with similar requests to other local and appeal courts of Ukraine specializing in civil, criminal, economic and administrative cases.

I notify you that all the information requested contains in the dossiers of the judges that are formed, kept, recorded and stored in the Commission.

According to Article 87 of the Law of Ukraine “On the Judiciary and Status of Judges” the Public Integrity Council is established with the purpose of assisting the High Qualification Commission of Judges of Ukraine in determining the compliance of a judge (a judicial candidate) with the criteria of professional ethics and integrity with the view of qualification assessment and has a right to provide the Commission with the conclusion on non-compliance of a judge (a judicial candidate) with the abovementioned criteria.

I suppose that the existence of two bodies: the High Qualification Commission of Judges of Ukraine and the Public Integrity Council authorized by the state to assess judges and the judicial candidates simultaneously does not prevent the last one (the PIC) from getting all the information needed from the dossiers of the judges directly from the Commission, thus not overloading the courts of Ukraine with the requests the execution of which is not provided by the current legislation.

Thus, according to clauses 1, 2, 5 of Part 6 of Article 87 of the Law of Ukraine “On the Judiciary and Status of Judges”, the Public Integrity Council, among other things, has the authority:

– to collect, check and analyze information about a judge (a judicial candidate);
– to provide the High Qualification Commission of Judges of Ukraine with this information;
– to create an information portal for collecting information about professional ethics and integrity of judges and judicial candidates.

At the same time, the legislator established that for the exercise of the authority specified in Article 87 of the Law of Ukraine “On the Judiciary and Status of Judges”, in particular, the authority regarding collecting the information, the members of the Public Integrity Council have only the right of free and full access to open state registers.

The Public Integrity Council, that is, a permanent independent body in the judicial system of Ukraine that is not a legal entity, a public organization, or a public association with the legal status or without such a status does not have the right to request and receive other information regarding judges from state authorities (including copies of documents and materials containing information with limited access) on the basis of Article 87 of the Law of Ukraine “On the Judiciary and Status of Judges”, as well as the Laws of Ukraine “On Information”, “On Access to Public Information”, “On Protection of Personal Data”, etc.

Taking into account the abovementioned facts and the norms of Article 19 of the Constitution of Ukraine, there is no legal basis for the fulfillment of the request by me as a manager of personal data of the judges of the Court of Appeal of Odesa region.

However, the content of the request has been brought to the attention of all judges indicated therein, who have been informed that they were not deprived of the opportunity to contact the Public Integrity Council on their own via e-mail address info@grd.gov.ua and provide an answer to the information requested.

Best regards,

The head of the Court of Appeal of Odesa region

G.Y.Kolesnilov

Signature

(The end of the document).

 

Let’s remind that one can read about the so-called “letters of Tytych” in the article “What frightens the unethical Public Integrity Council, or About “immoral freaks” of Tytych and a “middle finger” of Maslov”.

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