REGARDING JUDICIAL REFORM AND … · I. Assess the opinions of Ukrainian judges regarding judicial reform and implementation of the Law on the ... or insults. 20% 18% 25%

SURVEY OF OPINION OF UKRAINIAN JUDGES

REGARDING JUDICIAL REFORM AND

IMPLEMENTATION OF THE LAW ON THE

RESTORATION OF TRUST IN THE JUDICIARY, LAW

ON THE PURIFICATION OF GOVERNMENT, AND

LAW ON ENSURING THE RIGHT TO FAIR TRIAL

USAID FAIR Justice Project

2016

Survey overview

Survey results:

1) Developments related to the judiciary over the past

two years

2) Current state of the judiciary

3) Recent changes related to the judiciary

4) Personnel reform of the judiciary

Respondent profiles

Ukrainian judges opinion from 2007 to 2016

Contents

OVERVIEW OF SURVEY

I. Assess the opinions of Ukrainian judges regarding

judicial reform and implementation of the Law on the

Restoration of Trust in the Judiciary, Law on the

Purification of Government, and Law on Ensuring the

Right to Fair Trial

II. Learn how judges perceive the effectiveness of

judicial reform

III. Identify additional ways to increase the effectiveness

of judicial reform based on feedback from judges

Objective

Sample 717 judges participated in the survey

Courts included in the sample:

• Supreme Court, High Specialized Court for Civil and Criminal

Cases, High Administrative Court, and High Commercial

Court;

• 33 appellate courts (general, administrative, and commercial

appellate courts);

• 120 local district courts (first instance general, administrative

and commercial courts).

Courts were selected randomly according to the proportional

distribution of the number of courts of each category.

Judges in each court were also selected randomly for interviews.

Sampling size of the survey represents the opinion of all

Ukrainian judges.

Designed by USAID Fair Justice Project in cooperation with international

experts. Standard pre-test of the questionnaire conducted.

Questionnaire

Fieldwork

quality

arrangement

Standard data quality control during field work: checked the amount of

issued and returned questionnaires by each court, visual check of the

questionnaire

Duration One month from February 21, 2016 to March 23, 2016

Method Face-to-face interview

Confidentiality guaranteed to all judges who participated in the survey, their

personal data was not collected

Fieldwork Letter of Support from the Council of Judges (COJ)

Coverage All regions of Ukraine except for annexed Crimea and the ATO zone

Data analysis The data was weighted by jurisdiction, instance and region according to

official statistics of the State Judicial Administration

Survey results disaggregated by:

courts of first instance (general, administrative, and commercial district

courts);

courts of appeal and cassation (Supreme Court, High Specialized Court

for Civil and Criminal Cases, High Administrative Court, High

Commercial Court and appellate general, administrative, and

commercial courts.

Gender sensitive results disaggregated by sex. 6 respondents refused to

indicate sex, therefore they were excluded from disaggregation.

Specific questions disaggregated by jurisdiction: general, commercial, and

administrative. Supreme Court is not included in this disaggregation.

In case of statistically meaningful differences of survey results between

those judges who are in administrative positions (chief judges and their

deputies) and other judges, these results also disaggregated by positions.

GfK Ukraine is the leader in market and social custom research in Ukraine.

Annual company income was UAH 113 million in 2015.

More than 170 full-time specialists of different professional expertise, including sociology, psychology, economics, as well as marketing, statistics, programming, and mathematics.

Staff fieldwork department for conducing face-to-face, telephone and online interviews.

More than 15,000 face-to-face interviews and 15,000 phone interviews conducted monthly on average.

Contacts:

Inna Volosevych, [email protected],

Tamila Konoplytska, [email protected]

Survey Implementer

GfK Group – established in 1934 as

Gesellschaft für Konsumforschung

(German: Society for Consumer Surveys).

Ranks number five by revenues in the sphere

of social and market research.

Consists of 115 companies in more than

100 countries around the world.

Employs over 10 thousand employees

worldwide.

GfK was among the first to establish a

representative enterprise in CEE states.

20 GfK Group companies work in 16

countries in the region.

GfK Ukraine

mailto:[email protected]

mailto:[email protected]

DEVELOPMENTS RELATED TO THE

JUDICIARY OVER THE PAST TWO

YEARS

10

KEY FINDINGS

Judges indicated that their workload increased while their financial situation

declined over the past 2 years.

One of the problems that judges are concerned about the most is personal

security. The vast majority of judges mentioned a weakened sense of personal

security. Judges in courts of appeal and cassation mentioned this more often.

Approximately one in three judges (37%) reported receiving threats related to

their professional activity over the past 2 years.

11

All courts Courts of first instance Courts of Appeal / Cassation

CHANGES IN WORKLOAD OVER THE PAST TWO YEARS

Defined as number and complexity of cases

CHANGES IN FINANCIAL STANDING OVER THE PAST TWO YEARS

Defined as salary and other income as a result of professional or other kind of activity which is not

prohibited by law

12

All courts Courts of first instance Courts of Appeal / Cassation

CHANGES IN FEELING OF PERSONAL SECURITY OVER THE PAST 2 YEARS

CHANGES IN PERCEPTION OF THE GUARANTEES OF JUDICIAL INDEPENDENCE OVER THE

PAST 2 YEARS

13

The chart continues on the next slide

In the past two years: All Courts Courts of First Instance

Courts of Appeal/ Cassation

Judges who received threats from litigants or other related persons

37% 35% 41%

False or negative information about a judge in his or her professional or personal activities published in the media, internet, social networks

27% 27% 25%

Decisions made that are affected by fear, threats or insults.

20% 18% 25%

CSO conducted their own “lustration investigations” about the judge, put forward accusations and organized protests

12% 13% 9%

Threatened with termination based on violation of the judicial oath

7% 8% 6%

Received requests from executive branch to deliver a certain decision

7% 7% 9%

Threats from law enforcement to open criminal proceedings

6% 6% 4%

CURRENT STATE OF THE

JUDICIARY

15

KEY FINDINGS

Majority of judges are not satisfied with their working conditions, legal and

regulatory framework for the judiciary, judicial independence and judicial safety

and security.

Almost every third respondent indicated that political circumstances influence

their decisions.

About one in three judges in courts of appeal and cassation and around one in

four judges in courts of first instance indicated that they faced attempts to

influence on their decisions over the past 2 years.

Politicians attempted to influence decisions of judges in courts of appeal and

cassation more often.

Majority of judges are confident that there is a sufficient level of judicial

transparency and openness to the public. However, 40% of respondents admit

that the public does not trust the judiciary.

Judges tend to believe that there is no gender bias or inequality in courts and

during court trials.

16

Quality of procedural laws

Legal and regulatory framework for the judiciary

Independence guarantees in making decisions

Safety

Work premises

Office equipment and supplies

Judicial remuneration

Social welfare services

52%

68%

46%

78%

35%

46%

72%

73%

47%

28%

50%

19%

65%

54%

27%

24%

All Courts

Courts

of First Instance

Courts of

Appeal / Cassation

SATISFACTION WITH WORKING CONDITIONS

Regulations

Independence and safety

Working conditions

17

Judges in courts are highly professional

Judges feel that they are independent

Judges make decisions in an unbiased

manner

Lawyers are highly professional

The majority of litigants are not

represented by lawyers

All Courts Courts of

First Instance

Courts of

Appeal / Cassation

PERCEPTION OF JUDICIAL PROFESSIONALISM

18

IN THE PAST TWO YEARS

Courts of First Instance Courts of Appeal / Cassation

INAPPROPRIATE TREATMENT OF OTHER JUDGES TO LITIGANTS IN COURT PROCEEDINGS

CASES OF INAPPROPRIATE TREATMENT OF OTHER JUDGES TO THEIR ASSISTANTS/SECRETARIES/COURT

STAFF

CASES OF INAPPROPRIATE TREATMENT OF COURT STAFF TO LITIGANTS IN COURT PROCEEDINGS

All Courts

19

… prosecution office

…representatives of state

authorities

.… media

… other participants of the

case (e.g., witnesses)

…citizens who are present

in the court room

… representatives of the

parties of the case

… parties of the case

All Courts Courts of First

Instance

Courts of

Appeal / Cassation

INSTANCES OF CONTEMPT OF COURT BY DIFFERENT CATEGORIES OF

PARTICIPANTS OF COURT TRIALS IN THE PAST 2 YEARS:

20

Judicial self-governance bodies do not independently

resolve the important issues facing the judiciary

Inaction by judges

Top level bodies of judicial self-governance work

inefficiently

Judges are not fully informed about the activities and

performance of judicial self-governance bodies

Decisions of meeting of court judges are not effective

Top level bodies of judicial self-governance do not

report on their activity

No problems

Other

Difficult to answer

Refuse to answer

All Courts Courts of

First Instance

Courts of

Appeal / Cassation

ISSUES OF JUDICIAL SELF-GOVERNANCE

21

All Courts

Courts of First Instance

Courts of Appeal / Cassation

ATTEMPTS TO INFLUENCE A JUDGE’S

DECISION MAKING IN A CASE

DURING THE PAST 2 YEARS

WHO TRIED TO INFLUENCE THE

DECISION

All Courts

Courts of

First

Instance

Courts of

Appeal /

Cassation

Picketers and demonstrators

22

Courts are not sufficiently open for the society

Public does not trust the judiciary

OPENESS OF THE JUDICIARY AND PUBLIC TRUST

All Courts First Instance Appeal / Cassation

23

Fully agree / Rather agree Neutrally

Fully disagree / Rather do not agree Difficult to answer

Refuse to answer

40%

13%

43%

42%

13%

41%

33%

9%

57%

Survey statement: public does not trust the judiciary

PUBLIC TRUST: MEANINGFUL DIFFERENCE IN PERCEPTION

All Judges Judges in

administrative positions

Judges not in

administrative positions

24


Men and women have equal chances to be elected to leadership positions

Female judges have less workload when cases are assigned compared with male judges

Testimony of male and female witnesses have the same weight in making court rulings

GENDER ISSUES

Chief judges and their deputies: 98%, other judges: 89%

25


AWARENESS OF ANY INSTANCES OF INAPPROPRIATE JOKES, UTTERANCES

REGARDING ATTRACTIVENESS, SEXUALITY OF WOMEN OR MEN AMONG THE

COLLEAGUES OR REGARDING LITIGANTS

Women All Respondents Men

26

MEANINGFUL DIFFERENCE IN JUDGES ON ADMINISTATIVE POSITIONS

PERCEPTION

Judicial workload

Perception of judicial independence Surey question: your colleagues-judges feel that they are independent

RECENT CHANGES

RELATED TO THE

JUDICIARY

28

KEY FINDINGS

More than a half of respondents believe that the following changes might have a

positive effect on the independence of judges and legislation about the judiciary:

election of chief judges and deputy chief judges by meetings of judges;

restoring the authority to the Supreme Court;

selecting new members for the Council of Judges.

42% of judges are positive and support the initial performance evaluation of judges

while only one in five support regular or ongoing evaluation of judges.

Regarding changes to the Constitution, respondents believe that the most positive

effect for the development of the judiciary can be expected from the following

changes:

increase of the minimal age to become a judge;

removing the powers of the President to transfer and dismiss a judge as well

as to establish, re-organize and liquidate a court.

One in three judges support narrowing of judicial immunity to functional

immunity.

29

EXTENT TO WHICH YOU AGREE OR DISAGREE WITH THE FACT THAT THE

FOLLOWING CHANGES IN LEGISLATION ON THE JUDICIARY HAVE OR WILL HAVE

A POSITIVE IMPACT ON THE DEVELOPMENT OF THE JUDICIARY:

All Courts

30



FOLLOWING CHANGES IN LEGISLATION ON THE JUDICIARY HAVE OR WILL

HAVE POSITIVE IMPACT ON THE DEVELOPMENT OF THE JUDICIARY:

31



FOLLOWING CHANGES IN LEGISLATION ON THE JUDICIARY HAVE OR WILL

HAVE POSITIVE IMPACT ON THE DEVELOPMENT OF THE JUDICIARY:

32

MEANINGFUL DIFFERENCE BETWEEN JUDGES IN ADMINISTRATIVE POSITIONS

AND OTHER JUDGES:

EXTENT TO WHICH RESPONDENTS AGREE OR DISAGREE THAT THE

THE ELECTION OF CHIEF JUDGES AND THEIR DEPUTIES BY A MEETING OF JUDGES

WILL HAVE POSITIVE IMPACT ON THE DEVELOPMENT OF THE JUDICIARY

33

All Courts

EXTENT TO WHICH YOU AGREE OR DISAGREE WITH THE IDEA THAT THE

FOLLOWING CONSTITUTIONAL CHANGES WILL POSITIVELY IMPACT THE

DEVELOPMENT OF THE JUDICIARY:

34





35





36

Reforms are more likely to be supported by those judges who:

think that the organization of work and management in their court

had improved over the past two years

think that the guarantees of independence have strengthened over

the past two years

found conditions in their work satisfactory.

Reforms are more likely to be opposed by those who:

have lifetime appointment;

think that relationships in the court have improved over the last two

years

are Kyiv based judges as compared to judges from regions.

EXPERT FINDINGS

PERSONNEL REFORM OF

THE JUDICIARY

38

KEY FINDINGS

Relative majority of judges (42%) support the idea that Ukraine needs

“purification” of the judiciary. There are more opponents to this idea among

judges in courts of first instance (40%).

However, the vast majority of judges (especially in courts of first instance) do

not support the idea that there is a need to replace all judges.

Respondents believe that systematic performance evaluation of judges should

be conducted only by judiciary bodies. Respondents would prefer to have only

judges or retired judges within the independent body responsible for systematic

performance evaluation of judges if such a body would be established.

Judges see the vetting of judges rather negatively because they perceive it as

being politically motivated and contradictory to judicial independence.

At the same time, 70% would agree that highly professional and fair judges

would not be afraid of vetting.

The vast majority of judges indicated that they have been vetted.

39


Ukraine needs purification of the judiciary

There is a need to replace all judges; i.e. in a certain amount of time all sitting judges

should be dismissed and replaced by new judges

AGREE OR DISAGREE WITH THE FOLLOWING:

40

Only judiciary bodies should conduct vetting of

judges (High Council of Justice, High Qualifications

Commission of Judges)

Judges should be vetted by a single independent

body created exclusively for such vetting

State bodies according to subjects of the vetting

(i.e. income declaration should be verified by the

State Fiscal Service, corruption charges by the

Prosecutor General Office)

Other

Difficult to answer

Refuse to answer

REGULAR JUDICIAL PERFORMANCE EVALUATION SHOULD BE

CONDUCTED BY:


41

Judges

Retired judges

Representatives of International organization where Ukraine

is a member (UN, OSCE, Council of Europe, etc.)

Representatives of the Ombudsman

Academicians

Representatives of the civil society organizations

Representatives of the Bar

Representatives of the Parliament

Representatives of the prosecution

Representatives of the President

Representatives of the Executive branch

Other

Difficult to answer

Refuse to answer

COMPOSITION OF THE INDEPENDENT BODY FOR JUDICIAL

PERFORMANCE EVALUATION *


*Multiple answers were allowed

42

All Courts

PERCEPTION OF LUSTRATION

43

First Instance


44

Appeal / Cassation


45


IMPLEMENTATION AND RESULTS OF VETTING IN LINE WITH THE

LAW ON THE PURIFICATION OF GOVERNMENT

85% 84% 85%

46

All Courts Civil and Criminal

Courts

Administrative

Courts

Commercial

Courts

IMPLEMENTATION AND RESULTS OF VETTING IN LINE WITH

THE LAW ON THE PURIFICATION OF GOVERNMENT

85% 84% 78% 91%

47

Vetting and lustration are more likely supported by those judges who:

are older;

held an administrative judicial (chief judge) position in the past;

think that the guarantees of independence have strengthened over

the past two years;

found conditions in their work satisfactory.

Vetting and lustration are more likely opposed by:

female judges;

judges who have lifetime appointment;

judges who faced problems related to their professional activities.

The following factors are not significant predictors of support for

lustration: being subject to vetting, being a resident of Kyiv or region,

experiencing interference; being affected by external influences; and

experiencing contempt in court.

EXPERT FINDINGS

RESPONDENT PROFILES

49

COURT TYPE

50

YEARS SERVING ON BENCH:

ADMINISTRATIVE POSITION IN COURT:

25% serving within the initial 5-year term

72% appointed for life

2% refused to answer

16% currently serve as a chief judge or deputy chief judge

27% served as a chief judge or deputy chief judge in the past

51

YEARS SERVING AS A

JUDGE

YEARS OF EMPLOYMENT

IN A COURT

52

PROFESSIONAL EXPERIENCE AFTER GRADUATION FROM LAW

SCHOOL AND BEFORE JUDICIAL APPOINTMENT

53

RESPONDENT PROFILE:

MEANINGFUL DIFFERENCES BETWEEN JUDGES IN

ADMINISTRATIVE POSITIONS AND OTHER JUDGES

Respondents profile Chief judges and deputies

Other judges All respondents

Sex

Men 65% 49% 52%

Women 34% 50% 48%

Age

Up to 40 years old 17% 38% 34%

40-plus years old 81% 61% 65%

Term of appointment

Initial 5-year term appointment 10% 29% 26%

Lifetime appointment 88% 69% 72%

UKRAINIAN JUDGES OPINION

FROM 2007 TO 2016

55

In 2007 a USAID Ukraine Rule of Law Project conducted the

first ever national survey of judges opinion aiming to assess

the judges perception of the Ukrainian judiciary and the

judicial reform.

The next section compares 2007 and 2016 selected results

56

RESPONDENTS PROFILE 2007 2016

Total number of respondents 502 717

Number of courts represented by respondents 142 157

Sex

Men 52% 52%

Women 48% 48%

Age

Up to 40 years old 37% 34%

40-plus years old 63% 65%

Professional experience before appointment as a judge

Court staff 26% 42%

Employee of law enforcement agency 30% 27%

Public servant in other agency 18% 18%

Attorney 12% 16%

57

SATISFACTION WITH WORKING CONDITIONS

QUALITY OF

LEGISLATION FOR

THE JUDICIARY

15% 47% 28%

52%

2007 2016

8% 19%

55%

78%

2007 2016

JUDICIAL SAFETY

JUDICIAL REMUNERATION

25% 65%

39%

35%

2007 2016

WORK PREMISES

5% 27%

55%

72%

2007 2016

Satisfied/ mostly satisfied Dissatisfied / mostly dissatisfied

58

PERCEPTION OF PROFESSIONALISM

STATEMENT: JUDGES IN YOUR COURT

ARE HIGHLY PROFESSIONAL

59% 94%

2007 2016

5%

43%

2007 2016

Agree / mostly agree

STATEMENT: LAWYERS THAT APPEAR

BEFORE YOU ARE HIGHLY

PROFESSIONAL

59

PERCEPTION OF JUDICIAL WORKLOAD

71% 62%

28%

28%

1% 3%

7%

2007 2016

Other

Judges are not enoughloaded

Judges workload is normal

Judges overloaded

60

INSTANCES OF CONTEMPT OF COURT

2007 2016

Citizens who present at the court room

Representatives of state authorities

4%

66% 30% 21% 66% 11%

28% 59% 13% 64% 30%

4%

Never Rare / from time to time Often / always

61

KEY FINDINGS ON 2007 AND 2016 – RESULTS COMPARISON

Composition of Ukrainian judiciary regarding sex, age and previous experience

did not significantly change

Higher satisfaction with work premises for judges

Lower satisfaction with judicial remuneration and safety

Majority of judges still think that they are highly professional and more

confident about their professionalism

More judges experience good quality representation by attorneys although a

majority of judges still do not perceive attorneys as highly professional

In 2016, the workload of judges decreased comparison to 2007 although a

majority of judges still consider that they are overloaded; exactly the same 28%

of respondents in 2016 and in 2007 consider the judicial workload as normal.

In comparison to 2007, cases of contempt of court by those present in

the courtroom and representatives of state authorities decreased in 2016

62

This presentation is available at http://www.fair.org.ua/index.php/en/index/library/7

THANK YOU FOR YOUR

ATTENTION!

www.fair.org.ua

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REGARDING JUDICIAL REFORM AND … · I. Assess the opinions of Ukrainian judges regarding judicial reform and implementation of the Law on the ... or insults. 20% 18% 25%