Who to Complain to about the Actions of a Judge or Court Employee: The State Judicial Administration Explained the Procedure for Appeals

The State Judicial Administration of Ukraine has clarified which authorities should be contacted with questions regarding the actions of a judge, the head of a court apparatus, or other court employees. The agency noted that, for effective interaction with the judicial system, it is important to understand which body has the authority to verify the legality of actions or decisions made by each of these categories of officials.

Who reviews disciplinary complaints against judges?

The SJA explained that the disciplinary responsibility of judges is overseen by the High Council of Justice. This body is authorised to provide a legal assessment of judges' actions and to consider disciplinary complaints submitted in the manner and form defined by the Law of Ukraine "On the Judiciary and the Status of Judges."

Who is responsible for the activities of the head of the local court apparatus?

According to legislation, the head of the local court controls the effectiveness of the apparatus's work, approves the appointment of the head of the apparatus and their deputy, and submits proposals for applying incentives or disciplinary sanctions to them.

Concurrently, the head of the territorial department of the State Judicial Administration, in agreement with the head of the local court, appoints the head of the local court apparatus and their deputy, dismisses them, and applies disciplinary sanctions or incentives based on the court head's submission.

Who controls the heads of the appellate court apparatuses?

Regarding the heads of the appellate court apparatuses, the law also assigns control over the apparatus's activities to the court heads, including the approval of personnel decisions and the submission of proposals concerning disciplinary responsibility or incentives.

The final decision on applying disciplinary sanctions or incentives to the heads of the appellate court apparatuses and their deputies is made by the Head of the State Judicial Administration of Ukraine upon submission by the head of the respective court.

Where to file complaints about court apparatus employees?

The SJA also emphasised that the court apparatus, led by the head of the apparatus, is responsible for the organisational support of the court's work. The head bears personal responsibility for the proper organisation of the court's work, judges, and judicial process, the functioning of the Unified Judicial Information (Automated) System, and informs the judges' assembly about their activities.

Additionally, the head of the court apparatus appoints and dismisses apparatus employees and applies measures of encouragement or disciplinary influence to them.

The SJA drew attention to the fact that, according to the Model Regulation on the court apparatus, it is the head of the court apparatus who reviews complaints about the actions or inaction of civil servants and other employees of the court apparatus.

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