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Why the judicial reform is needed?
Attempts to reform the judicial system in 2014, 2015, 2016,
and 2019 were unsuccessful. Adoption of new laws,
establishing from scratch the Supreme Court, the lustration
of members of the High Qualification Commission of Judges
and the High Council of Justice in 2014 all together did not
lead to the renewal of the judicial system itself. Judges
continue to take arbitrary decisions, violate human rights,
hide their assets, and violate code of ethics. They are just
not responsible for this.
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How does the judicial system work in Ukraine?
The judicial system in Ukraine is represented by courts that
consider civil, criminal, economic, and administrative
cases. The Constitutional Court of Ukraine is separated, it
interprets the Constitution and decides whether adopted laws
comply with provisions of the Constitution.
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There are 21 members, 10 are selected by the congress of judges, the congress of lawyers, the congress of scientists, the congress of prosecutors, the Verkhovna Rada, the President each appoint 2 members + the head of the Supreme Court
It consists of 20 members nominated and appointed by respected non-governmental organizations working in the field of rule of law
It consists of 6 members nominated by international organizations that assist Ukraine in the fight against corruption. The composition of the body is approved by the High Qualification Commission of Judges
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What judicial reform is needed?
The main obstacle to real reform is the governing bodies of
the judiciary, namely the HCJ and the HQCJ. They failed to
clean and renovate courts. The key problem lies in the way
these bodies are formed: from representatives of corrupt
judicial, legal, university and prosecutorial
communities.
Candidates to the HQCJ and the HCJ had not previously passed integrity examinations, and the main criterion for selection was the principle of loyalty. The scheme works in the following way. Namely: dishonest judges delegate to the HCJ and the HQCJ those who will cover. To break this vicious circle, it is necessary to change the procedure of formation of the HQCJ and the HCJ. |
№1629-ІХ on the reform of the HQCJ
№1635-ІХ on the reform of the HCJ
A specially created body, the Ethics Council, has:
- to check the integrity of current composition of the HCJ and initiate the dismissal of those members who do not meet the criteria;
- to evaluate the integrity of all candidates to the HCJ and recommend to nominate only the best candidates who meet the requirements.
The Ethics Council:
Three judges / retired judges nominated by the Council of Judges of Ukraine + three international experts nominated by international and foreign organizations assisting Ukraine in the fight against corruption and judicial reform
The Ethics Council makes the decision by the majority of votes, provided that such decision is supported by at least 2 international experts; if there is no majority of votes, then decision shall be made with the support of at least 2 international experts.
A specially created body, the Selection Commission, has:
- to conduct the competition to the HQCJ and evaluate candidates for integrity and professional competence;
- to recommend to the High Council of Justice the best candidates for appointment on the basis of 2 candidates for 1 vacant position
The Selection Commission:
Three judges / retired judges nominated by the Council of Judges of Ukraine + three international experts nominated by international and foreign organizations assisting Ukraine in the fight against corruption and judicial reform
The Selection Commission makes the decision by the majority of votes, provided that such decision is supported by at least 2 international experts; if there is no majority of votes, then decision shall be made with the support of at least 2 international experts.
The task of renewed the HCJ and the HQCJ should be qualitative renewal of the entire judicial system through dismissal of dishonest judges and appointment of honest professionals to replace them.
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The reform of the Constitutional Court of Ukraine
The Constitutional Court is extremely important body. It can
cancel laws adopted by the Parliament and presidential
decrees. This is also the only body that resolves disputes
between different branches of government. It so happened
that each Ukrainian government tried to use the
Constitutional Court in its own interests, by influencing
the court to make necessary decisions. For instance, in 2010
the Constitutional Court made the decision that then
allowed
the President Yanukovych to usurp power.
In 2016, after the Revolution of Dignity and escape of Yanukovych, the Verkhovna Rada launched the reform of the constitutional judiciary. At that time, amendments were made to the Constitution, which in particular provided for the competitive selection of judges. However, there was no qualitative renewal of the composition of the court. In 2019-2020, judges of the Constitutional Court adopted the number of decisions aimed at abolishing Ukrainian post-Maydan reforms. In particular, judges cancelled important anti-corruption provisions regarding declaring officials' assets and punishing them for lying in declarations and illicit enrichment. Judicial, educational, land, and medical reforms are also in the crosshairs of the court. |
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How are judges of the Constitutional Court appointed now?
According to the law, the Constitutional Court consists of
18 judges. Namely: 6 judges are appointed by each the
President, the Verkhovna Rada and the Congress of Judges.
The examination of candidates for compliance with the
criteria is rather formal, and the procedure for their
selection and evaluation is non-transparent.
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