Meeting on Ukraine's judicial reform held at President's Office ends, joint statement adopted

KYIV. Sept 16 (Interfax-Ukraine) – A working meeting devoted to the implementation of laws on the resumption of the work of the High Qualification Commission of Judges of Ukraine (HQCJ) and on the procedure for selecting members of the High Council of Justice (HCJ) was held at the Office of the President of Ukraine.

Following the results of the meeting, its participants adopted a joint statement in which they welcome the delegation of candidates to the composition of the competition commission for selection for the position of a member of the High Qualification Commission of Judges by international partners and judicial self-government, the press service of the head of state reported on Thursday.

The participants highly appreciate the professional level of experts nominated by international organizations for the first composition of the Ethics Council, the activities of which are provided for by the Law of Ukraine "On amendments to certain legislative acts of Ukraine concerning the procedure for selection (appointment) to the positions of members of the High Council of Justice and the activities of disciplinary inspectors of the High Council of Justice" (No. 1635-IX).

In addition, they insist on the early completion of the creation of the Ethics Council and the competition commission for holding a competition to select members of the High Qualification Commission of Judges of Ukraine and the commencement of their work.

Concern is expressed in the document that the Council of Judges of Ukraine did not take comprehensive measures within thirty days to properly implement the requirements of Law No. 1635-IX to delegate candidates from among judges or retired judges to the Ethics Council, thereby postponing its creation for an indefinite period.

At the same time, any attempt to jeopardize the implementation of Ukraine’s vital reform aimed at strengthening the rule of law, increasing public confidence in the judiciary, attracting foreign investment and bringing Ukraine’s Euro-Atlantic future closer is strongly rejected.

As reported, at their meeting on September 13, members of the Council of Judges refused to delegate their representatives to the Ethical Council, which is supposed to check the integrity of candidates and members of the HCJ.

After that, Ukrainian President Volodymyr Zelensky said that he would not allow the blocking of judicial reform.

"I will not allow the blocking of the main reform of the country, which I promised to the Ukrainians and which I initiated. Every illegal action aimed at blocking the judicial reform will receive an immediate assessment and rebuff. I will not allow judges who are hindering the reform and cleansing of the judicial system to deprive Ukrainians of the right to justice. And judges who want to work in a transparent system must have full support," Zelensky said then.

According to Paragraph 6 of clause 23-1 of the final and transitional provisions of the law "On amendments to certain legislative acts of Ukraine concerning the procedure for election (appointment) to the positions of members of the High Council of Justice and the activities of disciplinary inspectors of the High Council of Justice" No. 1635-IX dated July 14, 2021, the subject of the formation of the Ethics Council submits to the chairman of the High Council of Justice a list of candidates for the Ethics Council within 30 days from the date of receipt of the corresponding appeal from the chairman of the Supreme Council of Justice.

The subject of the submission is, among other things, the Council of Judges of Ukraine, which is supposed to delegate three representatives to the Ethical Council, however, the Council of Judges was unable to delegate its representatives to the Ethical Council, which raised concerns about the progress of judicial reform due to the halt in the cleansing of the judicial system.

On July 8, on July 8, the head of state vetoed relevant bill No. 3711-d adopted by the parliament at the end of June, and on July 13 the Verkhovna Rada re-adopted the law, agreeing with the president’s proposals.

The main proposal of the president to the bill on the restoration of the work of the HQCJ concerned clarifications on the adoption of a decision by the competition commission on the selection of its members with the participation of international experts. According to the law, the decision will be taken by four votes out of six if at least two representatives from international organizations voted for this decision.

In accordance with the law, the HQCJ is considered plenipotentiary if at least 11 members are appointed to its composition, at least six of which are appointed from among judges or retired judges.

Also, the parliament voted in favor of bill No. 5068, which amends the laws "On the rules of procedure of the Verkhovna Rada of Ukraine" and "On the Supreme Council of Justice" concerning the creation of an Ethical Council, whose members will determine the compliance of a candidate for the post of a member of the HCJ with the criteria of professional ethics and integrity.

The first composition of the Ethics Council will include three persons from among judges or retired judges, determined by the Council of Judges of Ukraine, and three persons who will be selected by international organizations providing Ukraine over the past five years with international technical assistance in the field of judicial reform and prevention of corruption in accordance with international or interstate agreements.

Such international and foreign organizations agree on a proposal for a common list of candidates. In the future, the Ethics Council will include three persons from among the judges or retired judges proposed by the Council of Judges of Ukraine, one person proposed by the Council of Prosecutors of Ukraine, one – at the suggestion of the Council of Defense Lawyers of Ukraine and one more – proposed by the National Academy of Legal Sciences of Ukraine represented by presidium.

According to the cards of the bills, the President also signed laws on amendments to some laws on the procedure for election (appointment) to the positions of members of the High Council of Justice and the activities of disciplinary inspectors of the High Council of Justice (No. 5068) and on amendments to Articles 188-32 of the Code of Ukraine on Administrative Offenses on the establishment of responsibility for failure to comply with the legal requirements of the disciplinary inspector of the High Council of Justice (No. 5069).

Bill No. 5069 establishes administrative liability for failure to comply with the legal requirements of the HCJ disciplinary inspector to provide information or documents, or to provide knowingly false information to a request on behalf of the HCJ.

On September 10, missions of international organizations and the diplomatic departments of the United States, Germany, Great Britain and Canada in Ukraine formed lists of experts for their selection and appointment to the Ethics Council under the High Council of Justice and the selection committee under the High Qualification Commission of Judges.