The Council of Judges of Ukraine Supported the Conclusion on the Non-Application of Article 42 of the Budget Law to Judges
The Council of Judges of Ukraine unanimously supported the conclusion regarding the practical application of Article 42 of the Law of Ukraine "On the State Budget of Ukraine for 2026" concerning judges and adopted the relevant decision.
During the meeting, the members of the Council considered the issue of applying this provision and emphasized that the provisions of the Budget Law cannot change or limit the guarantees established by the special Law of Ukraine "On the Judiciary and the Status of Judges."
It was noted that judges' right to annual paid leave, as well as the procedure for its use, are regulated precisely by the Law "On the Judiciary and the Status of Judges," not by budget legislation. Furthermore, forced postponement of leave or its replacement with monetary compensation contradict both the Law of Ukraine "On Leave" and Ukraine’s international obligations in the field of labor rights.
As a result of the legal analysis, the Council of Judges concluded that the provisions of Article 42 of the Law of Ukraine "On the State Budget of Ukraine for 2026" do not apply to judges. In particular, the Budget Law cannot change or limit the guarantees of judges' right to leave established by the special law, and payment of compensation for unused leave days cannot be made without the judge’s consent.
The document also confirms that the norms of the budget law cannot serve as grounds for forced payment of compensation for unused leave or restrict a judge’s right to independently determine the timing of their leave.
The Chairperson of the Council of Judges emphasized that the Council is the authorized body to provide clarifications regarding the application of the Law of Ukraine "On the Judiciary and the Status of Judges" on issues related to guarantees of judges' activities, including the exercise of their right to leave.
He also noted that for a long time some courts mistakenly applied the provisions of the Budget Law, which led to unjustified restrictions on judges' rights to use annual leave at a convenient time for them.
The Council of Judges expressed hope that the adopted conclusion will ensure uniform application of the legislation by courts and guarantee the realization of judges' right to annual leave in accordance with the Law of Ukraine "On the Judiciary and the Status of Judges" without the restrictions provided by budget legislation.
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