High Council Research Articles

The state of the judiciary and access to justice during martial law: today's realities

The article analyses the updated statistics and comprehensive laws adopted in Ukraine in 2023 to introduce the activities of the High Council of Justice, the High Qualification Commission of Judges of Ukraine, and the Public Integrity Council, without which it was impossible to continue the procedure for appointing judges to positions in order to form the judiciary with impartial and honest judges.
 The ongoing judicial crisis in Ukraine is exacerbated by the insufficient number of judges in the Ukrainian judiciary, which affects access to justice
 Since the beginning of the full-scale war in Ukraine on 24 February 2022, 124 premises out of 118 judicial institutions have been damaged, and preliminary estimates suggest that over €47.2 million (UAH 1.88 billion) is needed to restore the operation of courts in these premises.
 To restart the selection and qualification assessment of judges within the newly established High Qualification Commission of Judges of Ukraine with the active participation of the Public Integrity Council by amending the legislation to improve the selection of judges by optimising the stages of the competition, reviewing the duration of mandatory training of judges, adopting clear evaluation criteria and scoring methodology; to restart the selection of judges to fill about 2,000 judicial vacancies and qualification assessment of about 1,500 current judges with the meaningful participation of the Public Integrity Council.
 The authors identify the negative consequences of the judicial crisis: excessive workload of judges; delays in consideration of court cases; untimely court decisions; and violation of access to justice. In order to solve these problems, it is necessary to accelerate the process of staffing the judiciary with integrity judges. The authors conclude that the development of the judicial system requires sufficient material and technical support.

The Supreme Council of Justice and the institutional mechanism for ensuring human rights

The article emphasizes that granting Ukraine the status of a candidate for the European Union imposes on the state, among other things, obligations related to judicial reform. Attention is drawn to the conclusion of the European Commission on 7 requirements, the fulfillment of which should be evidence that Ukraine is ready to continue its path in the EU. Attention is focused on the Supreme Council of Justice, the question of its legal status is revealed.
 It is noted that the rights and freedoms of a person and a citizen are a complex phenomenon. It is a mistake to reduce their provision exclusively to legal influence in the field of human rights, or legal regulation or protection of human rights. The structural elements of the human rights enforcement mechanism are the mechanism of legal influence in the field of human rights, the mechanism of legal regulation in the field of human rights, the regulatory and legal basis of human rights, the system of guarantees of human rights, and the system of protection of human rights.
 Attention is drawn to the peculiarities of the institutional mechanism for ensuring human rights in Ukraine. Its structural elements are considered.
 It is noted that the Supreme Council of Justice is a collegial, independent constitutional body of state power and judicial governance. Attention is drawn to the powers of the High Council of Justice, which are enshrined in Art. 3 of the Law of Ukraine "On the High Council of Justice". It is argued that the Supreme Council of Justice is a structural element of the institutional mechanism for ensuring human rights in Ukraine. The place of the High Council of Justice in this mechanism is determined, as well as its influence on the effectiveness of the judiciary in Ukraine.

The place and role of the Supreme council of justice in the system of state authorities

The Supreme Council of Justice is an important body in the system of state authorities in Ukraine. This article analyzes the place and role of the Supreme Council of Justice in the context of the Ukrainian justice system and state power.
 The Supreme council of justice emerged to replace the former High Council of Justice and aims to ensure the independence of the judiciary. It consists of 21 members who are elected to the positions of judges and representatives of society. One of the main tasks of the Supreme council of justice is to determine the selection procedures and qualification requirements for judges, which ensures a high professional standard in the judicial system.
 One of the key functions of the Supreme Council is to determine the principles of disciplinary responsibility for judges and control their activities. This helps ensure judicial ethics and judges' compliance with high standards of professional conduct. The Supreme Administrative Court also handles appeals against decisions regarding judges and other matters related to their activities. This provides the possibility of reviewing and correcting decisions, which contributes to the improvement of the quality of justice.
 In addition, the Supreme council of justice plays an important role in promoting reforms in the judicial system, introducing new approaches to the judiciary and ensuring the independence of the courts from the influence of other branches of government. In general, the Supreme Council of Justice in Ukraine plays a key role in ensuring the independence and high quality of the judicial system. It contributes to the improvement of the judicial system, the determination of standards of professional behavior of judges and ensuring compliance with their principles of justice and legality.

Limitation of human and citizen rights and freedoms and the role of the Supreme Council of Justice in ensuring independent justice and everyone’s right to protection of rights and freedoms by an independent court

The article emphasizes the change of the paradigm of the constitutional-legal mechanism of limiting the rights and freedoms of a person and citizen, as well as increasing the role of the Supreme Council of Justice in ensuring independent justice. It is emphasized that it is necessary to distinguish between the concepts of “restriction of rights and freedoms” and “fixation of the boundaries of the very essence of rights and freedoms”. Attention is drawn to negative human rights and the fact that they involve negative obligations of the state and its agents to refrain from any actions aimed at their violation or illegal restriction. It is characterized by the restriction of those rights and freedoms of a person and a citizen, which are most often restricted in the member states of the Council of Europe: the right to freedom and personal integrity, the right to private life, freedom of thought and conscience. The implementation of the prescription of Part 2 of Art. 35 of the Constitution of Ukraine, which defines the framework of restrictions on the human right to freedom of outlook and religion, through the Criminal Code of Ukraine.
 Attention is drawn to the fact that the state’s establishment of a number of legal norms that nullify a number of human and citizen rights and freedoms is a violation of human rights and fundamental freedoms guaranteed by the Convention on the Protection of Human Rights and Fundamental Freedoms. It is noted that an effective judicial procedure significantly increases the level of their protection (rights and freedoms), as it contains a number of guarantees against their arbitrary restriction, contributes to the rendering of a legal and well-founded decision.
 The article also draws attention to the legal status of the High Council of Justice. The issue of independent justice, the right of everyone to protection of rights and freedoms by an independent court is raised. The role of the High Council of Justice in ensuring independent justice and everyone’s right to effective judicial protection is defined.

Powers and functional assignment of the High Council of Justice in the field of ensuring the independence of the judiciary

The coverage of the material in this article is aimed at focusing attention on the peculiarities of the functioning of the justice system in Ukraine, in particular on the bodies that play an important role in the structure of ensuring the functioning of the independent judiciary. Formation of Ukrainian statehood in the 1990s. years of the 20th century, contributed to the need for judicial reform and the separation of the body, which was supposed to take on the function of assisting judges for the proper implementation of the provisions of Article 124 of the Constitution of Ukraine, that justice in Ukraine is administered by courts, implementing such activities on a qualified and professional basis.
 According to Article 131 of the Constitution of Ukraine: «The Supreme Council of Justice operates in Ukraine.» The Supreme Council of Justice as a constitutional body passed the Law of Ukraine «On Qualification Commissions, Qualification Attestation and Disciplinary Responsibility of Judges of Courts of Ukraine» dated February 2, 1994 to the Law of Ukraine «On the Supreme Council of Justice» dated December 21, 2016 in order to build an effective judicial system. system and ensuring the functioning of an independent judicial system.
 Enshrining in the Constitution of Ukraine in Chapter VIII “Justice”, Articles 125, 128, 130, 131 of the Constitution of Ukraine, the provisions that determine the powers and functions of the High Council of Justice is evidenced by its granting it the status of a constitutional body of the state. Ukraine’s constitutional aspiration for membership in the European Union and ensuring the rights and freedoms is impossible without ensuring proper and independent justice. The judicial and legal reform carried out in recent years, reforming such a body as the Supreme Council of Justice, set the goal of updating the system of the judiciary and the judicial system of Ukraine, to attribute public trust to the justice system. The implementation of these tasks comes from the constitutional powers of the High Council of Justice to ensure the independent formation of the judiciary, to prevent influence on the judge and to protect him from any interference in his administration of justice.
 Ensuring such independence of judges is possible only if there are guarantees of their legal status, a special procedure for selecting candidates for the position of judge, and liability for interference in the administration of justice. Such reforms are designed to establish Ukraine as a democratic and legal state.

THE RELATIONSHIP OF THE PRINCIPLE OF INDEPENDENCE OF JUDGE AND THE PROCEDURE OF ELECTION (APPOINTMENT) TO POSITIONS MEMBERS OF THE HIGH COUNCIL OF JUSTICE

Abstract. The purpose of the scientific article is to establish the relationship between the principle of independence of a judge and the procedure for the election (appointment) of members of the High Council of Justice. The methodological basis of the study was the method of legal science as a system of means of learning law. The conceptual and methodological basis of the work was a comparative legal and comprehensive approach. It was emphasized that a judge has the inherent freedom to impartially and impartially perform his professional duties without political interference. It is substantiated that, based on the fact that constitutional power in Ukraine should be exercised on the basis of continuity and integrity.

S11-4 Physical activity prescription in the municipality of Camarena in Castilla-La Mancha, Spain

Abstract Purpose A pilot study of the Physical Activity (PA) Prescription (PAP) Plan in the municipality of Camarena (Castilla-La Mancha - CLM, Spain) was conducted to evaluate the incorporation of the exercise units which work together with General Practitioner (GP) to make “PA practice the easy option”. Target group is inactive people with or without chronic disease. Project or policy description The High Council for Sports of Spain launched a national PAP plan developed by the creation of exercise units that will work together with PA referral (PAR) in all autonomic Communities in Spain. The plan is using digital tools to improve the accessibility and efficacy of the Community Sport and Health systems to provide PA for the inactive population with or without chronic disease. This investment is part of the Sports Sector Digitization Plan, one of the three axes of the Component 26, of the Recovery, Transformation and Resilience Plan, aimed at promoting the sports sector. A pilot study in PAP was implemented in Camarena designed by PAFS research group from the University of CLM. The pilot study started with a local meeting including all agents in the community: local nurses and general practitioners (GP), all staff involved in the community PA and Sports offer, and town hall members. The pilot study included: (i) developing a both-ways communication system between GP practice and the exercise unit, (ii) developing a Physical Fitness and Health assessment battery tool for all patients, (iii) developing individualized exercise programs using digital tools, (iv) analyzing all opportunities to be physically active at the community, (v) quantitative and qualitative evaluation analyses of the implementation of the PAP in Camarena. This pilot study aimed to be the seed to scale-up PAP plan in CLM region. Conclusions The PAP plan had a good acceptance by the community of Camarena. The response rate of patients was high (85% of referred patients came to the exercise unit). Patients’ adherence to the exercise program was excellent. An educational plan is now developed as a policy-implication, for nurses, doctors, and PA educators in CLM, including all outcomes from PAP plan in Camarena.

Disciplinary liability of judges under subparagraph (a) of paragraph 1 of Article 106 of the Law of Ukraine «On the Judicial System and Status of Judges»

Based on specific examples (in particular, from the case law of the Grand Chamber of the Supreme Court), the author highlights which offenses of a judge are qualified under subparagraph (1) of paragraph 1 of Article 106 of the Law of Ukraine «On the Judicial System and Status of Judges». The author emphasizes that subparagraph (a) provides for three separate grounds for disciplinary liability of judges (1) unlawful refusal to administer justice (including unlawful refusal to consider claims, appeal and cassation claims on the merits, etc; (2) significant violation of procedural law in the administration of justice, which made it impossible for participants in the trial to exercise their procedural rights and fulfill their procedural obligations; (3) significant violation of procedural law in the administration of justice, which led to a violation of the rules on jurisdiction or composition of the court). Pursuant to that three separate grounds for bringing a judge to disciplinary liability, this article reviews the cases in which the behavior of judges was qualified as an unlawful refusal to administer justice (in particular, unlawful refusal to consider claims, appeal and cassation claims on the merits); or significant violation of procedural law in the administration of justice, which made it impossible for participants in the trial to exercise their procedural rights and perform their, was recognized by the High Council of Justice. This article will be useful not only for disciplinary inspectors and judges, but also for complainants, as it will help them understand which violations of Law are considered being perspective in terms of appealing against the conduct of a judge to the High Council of Justice. Key words: disciplinary liability of judges, significant violation of procedural law, unlawful denial of access to justice, impossibility for litigants to exercise their procedural rights and fulfill their procedural obligations, violation of rules on jurisdiction or composition of the court.

Ensuring the independence of judges as a guarantee of their activities

The article focuses on the principle of independence of judges and its importance branch of power. The number of cases of violations of the independence of judges was analyzed based on statistical indicators of the High Council of Justice. The trend towards a decrease in the number of cases of interference in judicial activity during 2020-2022 is highlighted. Assumption is made regarding the number of reports of actions that violate guarantees of the independence of judges or undermine the authority of the judicial branch of power, which will arrive in 2023.The author analyzed the approaches to defining the concept of «independence of a judge», which made it possible to conclude that the independence of a judge aims to ensure the quality of justice and the proper level of protection of human rights and freedoms. In this regard, the independence of a judge is proposed to be understood as a legally established guarantee of judicial activity, which is realized thanks to the mechanisms provided by law, and aims to ensure a fair, impartial and timely consideration and resolution of legal disputes in court. The work also examines the list of signs of independence of judges. It is proposed to expand it with such features as: 1) this principle is provided with a number of guarantees that apply to a person in the exceptional case of having the status of a judge; 2) has both a national and an international level of consolidation; 3) is ensured by the activities of bodies and persons to whose competence the law assigns relevant powers.
 In addition, the author paid attention to the concept of «guarantees of the independence of judges» and to the classification of these guarantees. The author’s definition of the concept of «guarantees of the independence of judges» is proposed as a system of measures and mechanisms that provide for the activities of bodies and persons whose powers include ensuring the inadmissibility of undue interference, influence or pressure on a judge in connection with his administration of justice.
 The work also emphasizes that the key role in ensuring the independence of judges is played by the High Council of Justise, which, based on the results of consideration of reports of interference in the activities of judges with regard to the administration of justice, decides to take certain response measures. It was noted that taking into account the intention of Ukraine to gain membership in the European Union, the problem of violating the independence of judges needs to be solved as soon as possible.

DISCIPLINARY ACTION AGAINST JUDGES ACCORDING TO SUBCLAUSE “B” OF CLAUSE 1 OF ARTICLE 106 OF THE LAW OF UKRAINE ON THE JUDICIARY AND THE STATUS OF JUDGES

Using specific examples (in particular from the practice of the Grand Chamber of the Supreme Court), the research analyzes and describes which offenses by a judge are classified under subclause “b” of clause 1 of Article 106 of the Law of Ukraine On the Judiciary and the Status of Judges (omission to include the reasons for accepting or rejecting the arguments of the parties on the merits of the dispute into the court decision). 
 Research papers have been reviewed and information regarding the development and current state of this issue has been provided. 
 Controversial issues of applying this ground for disciplinary action have been considered. Based on statistical data, the dynamics of its implementation have been traced.
 The paper will be useful not only for disciplinary inspectors and judges but also for complainants since it will help understand which specific violations are prospective in terms of appealing a judge’s behavior to the High Council of Justice under subclause “b” of clause 1 of Article 106 of the Law of Ukraine On the Judiciary and the Status of Judges.

Arboviral Risk Associated with Solid Organ and Hematopoietic Stem Cell Grafts: The Prophylactic Answers Proposed by the French High Council of Public Health in a National Context.

Diseases caused by arboviruses are on the increase worldwide. In addition to arthropod bites, most arboviruses can be transmitted via accessory routes. Products of human origin (labile blood products, solid organs, hematopoietic stem cells, tissues) present a risk of contamination for the recipient if the donation is made when the donor is viremic. Mainland France and its overseas territories are exposed to a complex array of imported and endemic arboviruses, which differ according to their respective location. This narrative review describes the risks of acquiring certain arboviral diseases from human products, mainly solid organs and hematopoietic stem cells, in the French context. The main risks considered in this study are infections by West Nile virus, dengue virus, and tick-borne encephalitis virus. The ancillary risks represented by Usutu virus infection, chikungunya, and Zika are also addressed more briefly. For each disease, the guidelines issued by the French High Council of Public Health, which is responsible for mitigating the risks associated with products of human origin and for supporting public health policy decisions, are briefly outlined. This review highlights the need for a "One Health" approach and to standardize recommendations at the international level in areas with the same viral epidemiology.

Proceedings of the Fifth International American Moroccan Agricultural, Health, and Life Sciences Conference (AMAHLS V Conference) and The First Cannabis & Hemp Sciences and Entrepreneurship Day (CHSE I), December 13-14, 2022, Tangier, Morocco

The International American Moroccan Agricultural, Health, and Life Sciences Conference (AMAHLS Conference; https://amahls.org) is an international conference organized by the High Council of Moroccan American Scholars and Academics (HC-MASA; www.hc-masa.org) in collaboration with various universities and research institutes in Morocco. AMAHLS V was held on December 13-14, 2022 in Tangier, Morocco and comprises the First Cannabis and Hemp Sciences and Entrepreneurship Day (CHSE I). The current proceedings summarizes abstracts from 80 oral presentations and 50 posters that were presented during AMAHLS V Conference.

Asrama Putra Dan Putri Sma Negeri 6 Elar Di Kabupaten Manggarai Timur Dengan Tema Arsitektur Perilaku

Dormitory is a place of lodging intended for members of a group, generally school students. Dormitory is usually a building with rooms that can be occupied by several occupants in each room. The purpose of the research is to design a dormitory building which is equipped with facilities to meet the needs of students and behavioral architecture is a part of providing the required facilities. The method used in this study is in the form of collecting observation data, interviews, evaluating, and observing user behavior as a reference in the analysis of the application of building design. The concept of implementing behavioral architecture in dormitory buildings follows the symbol or symbol of the high school student council such as in the parking lot a hand-shaped pattern is applied. In the library building a book-shaped pattern is applied, at the roundabout a circular pattern is applied like a wrench and in the garden a star-shaped pattern is applied. The application of behavioral architecture is inseparable from the 4 principles of behavioral architecture such as aesthetics of form, being able to communicate with humans and the environment, paying attention to user behavior, and accommodating behavioral activities. So it can be concluded that the dormitory is one of the most important buildings, especially for SMAN 6 Elar and with the application of behavioral architectural design principles, it can be seen in the activity zone processing building, mass composition, as well as the inside and outside appearance of the building adapted to the character of the students. students..

Judicial ethics as a component of professional ethics of a member of the Supreme Council of Justice

In the article, the authors set the goal of investigating the meaning of the judge's ethics in the context of the formation of the professional ethics of the members of the High Council of Justice.Such interest is determined by the constitutional status of the High Council of Justice. It is a body responsible for ensuring the independence of the judiciary, as well as the formation of an honest and highly professional body of judges. This global mission determines a number of necessary transformations of the status of a member of the High Council of Justice, the content of which at the present stage has a pronounced ethical component.Systematically analyzing the provisions of the legislation, the authors draw attention to the fact that in the absence of their own "code of ethics", the only tool that guides the members of the HCJ in the matter of compliance with their professional ethics is the norms of judicial ethics. This is due to the legislative provision, according to which members of the Supreme Council of Justice in their activities and beyond must adhere to the ethical standards established for judges (part seven of Article 20 of the Law of Ukraine "On the High Council of Justice").For members of the HCJ, the standards of judicial ethics serve as an instruction, guidance, prevention, as well as a regulator of behavior. In addition, they serve as a tool for disciplining members of the HCJ. This follows from Article 24 of the Law of Ukraine "On the High Council of Justice", which provides such grounds for the dismissal of a member of the High Council of Justice as gross or systematic neglect of duties, which is incompatible with the status of a member of the High Council of Justice or showed his incompatibility with the position held, the admission of other behavior that undermines the authority and public trust in justice and the judiciary, including non-compliance with the ethical standards of a judge as a component of the professional ethics of a member of the HCJ.As a result, a number of conclusions were drawn: 1) the professional ethics of a member of the HCJ currently does not include its own formalized rules of conduct. The standard of ethics of a judge, which are actually the norms of professional ethics of a member of the HCJ; 2) the professional ethics of a member of the HCJ exerts a regulatory influence both on the professional sphere of activity of the member of the HCJ and on his personal life; 3) the regulatory nature of the norms of judicial ethics extends not only to judges, but also to other persons responsible for ensuring the independence of the judiciary in the state, in particular, members of the High Judicial Council.

Reflections on Leonard J. Arrington

Reflections on Leonard J. Arrington

Deseret Hospital, Women, and the Perils of Modernization

Deseret Hospital, Women, and the Perils of Modernization

Genoa, Nebraska, Settlement of the Church of Jesus Christ of Latter-day Saints: Development, Demise, and Those Who Remained

Genoa, Nebraska, Settlement of the Church of Jesus Christ of Latter-day Saints: Development, Demise, and Those Who Remained

The Cartabia reform of the judicial system the passing of the baton to the Meloni government

ABSTRACT This article analyzes the main aspects of the so-called ‘Cartabia’ reform, regarding civil and criminal proceedings as well as changes to the judicial system and the High Council of the Judiciary (CSM). We focus in particular on the judiciary. After a brief description of the legislative process, we offer an interpretation of the innovations introduced by law no. 71/2022 in general, and then evaluate three aspects in detail: access to the Judiciary, the appraisal of judges’ performance and the new electoral system used to select members of the CSM.

Comparative Law on the Authority of the House of Representatives (Indonesia) with the National Parliament (Timor Leste)

Introduction: Based on the history of the formation of the state constitutions of Timor Leste and the state of Indonesia, it is interesting to conduct special research on a comparison of the legal powers contained in the constitution of the DPR (Indonesia) and the National Parliament (Timor Leste).Purposes of the Research: The purpose of this study is to explain the legal comparison of the powers granted by the Constitution, in this case the legal comparison of the powers of the House of Representatives (Indonesia) and the National Parliament (Timor Leste).Methods of the Research: This research uses normative research methods and comparative law research methods.Results of the Research: The similarity between the people's representative assembly (Indonesia) and the national parliament (Timor Leste) is that they both have the authority to formulate laws, as well as the similarity of legislative functions, budgetary functions, and oversight functions. The difference lies in the right to elect a general high councilor. In the Indonesian constitution, there is no general ministry high council election. The People's Representative Council does not have the authority to elect and appoint ministers, this is the President's authority as a perrogative right. Meanwhile in Timor Leste, the National Parliament elects the high council of general ministries.

In Memoriam: Richard H. Grimm, Jr, MD, MPH, PhD (August 22, 1946-September 8, 2022).

In Memoriam: Richard H. Grimm, Jr, MD, MPH, PhD (August 22, 1946-September 8, 2022).