Ukraine must reinstate Volkov in post of Supreme Court judge, says CoE Committee of Ministers
The Committee of Ministers of the Council of Europe has said the Ukrainian government has to secure Oleksandr Volkov's reinstatement to the post of judge of the Supreme Court at the earliest possible date.
An Interfax-Ukraine reporter in Brussels learned from the Council of Europe on Friday that this was stipulated in the decisions approved by the Committee of Ministers during the consideration of the fulfillment of the ECHR's ruling on the Volkov case by Ukraine.
The meeting took place in Strasbourg on June 4-6.
"[The deputies] noted, as regards the obligation to take individual measures [by Ukraine], the specific indications made by the Court under Article 46 of the Convention [on Human Rights] according to which 'the respondent State shall secure the applicant's reinstatement in the post of judge of the Supreme Court at the earliest possible date'," reads the decision.
In connection with this, the deputies "invited the Ukrainian authorities to provide, without delay, information on the measures adopted and/or envisaged to this effect in order to allow the Committee to assess the progress made in this respect at the 1179th meeting (September 2013)."
The deputies also "stressed the ECHR's findings that 'the present case discloses serious systemic problems as regards the functioning of the Ukrainian judiciary', and that urgent and complex general measures are required in response to this judgment."
In connection with this, the deputies "invited the Ukrainian authorities to provide, as soon as possible, their action plan setting out the general measures adopted and/or envisaged in response to the court's findings and indications, together with a concrete timetable for their adoption," reads the document.
The deputies "strongly encouraged the Ukrainian authorities to take full benefit of the various opportunities for assistance offered by the Council of Europe concerning the question of the independence of judiciary."
The ECHR ruled to reinstate Volkov the post of judge of the Supreme Court on January 9, 2013. On May 27, the ruling took effect.
The ECHR concluded that the Ukrainian authorities had violated four items of Article 6 of the European Convention on Human Rights on the observation of the principles of fair legal proceedings, and Article 8 on the right to respect for private and family life.
In June 2010, the Verkhovna Rada, Ukraine's parliament, decided to dismiss Volkov as a judge of the Supreme Court for breaking his oath. This decision was made following the conclusion of two members of the High Council of Justice of Ukraine that Volkov was guilty of serious procedural irregularities while revising a ruling of a judge who was his wife's brother.
As reported, Kyiv's envoy for ECHR affairs Nazar Kulchytsky said that Ukraine was considering mechanisms to sooner implement the ruling on the Volkov case.
He noted that the Verkhovna Rada, Ukraine's parliament, could reinstate Volkov to his position, but added that the problem was that there were no vacant positions in the Supreme Court.
At the same time, Ukrainian Justice Minister Oleksandr Lavrynovych said that there are no mechanisms in the Ukrainian legislation that could allow the implementation of the ECHR's ruling.