When the Law of Ukraine «On the Supreme Council of Justice» was adopted on December 21, 2016, in Part 4 of Article 42 it was possible to establish that disciplinary proceedings are carried out within a reasonable time.
However, the complainant wants immediate punishment of the judges in a particular case, while the judge – the fastest cleansing of his good name, but the Supreme Council of Justice, probably, the reasonableness of their terms determines on the basis of the workflow complexity.
Yan Akhramovych, senior associate at Evris, states in his comment exclusively for «Yurydychna praktyka» a that only time and practice will show how reasonable the terms of considering the disciplinary proceedings against judges by Supreme Council of Justice will be.
Can it be stated that the indication in the Article 49 of the Borders Act on disciplinary proceedings within 90 days from the date of its opening sufficiently determines the term of processing the complaint? Definitely not. The term of processing the case begins to run only from the moment of its opening, and the stage of «disciplinary case discovery» is not included in it. Delaying the opening stage of the case in practice leads to absolute uncertainty in the general terms of the case processing and may entail irreparable consequences because we must not forget that there are deadlines with the expiration of which the judge cannot be held accountable and cannot be rehabilitated herewith. For this reason, insufficient, formal regulation in Article 42 of the Law on General Terms of Disciplinary Proceedings jeopardizes the effectiveness of the entire institute of disciplinary proceedings against judges and is not a logical continuation of the certainty principle of the proceedings terms laid down in Article 49 of the Law.