Status of Judges and Judicial Authorities

We have three draft laws #AtTheConsideration of the Committee, which propose amendments to the Law of Ukraine “On the Judiciary and the Status of Judges”, regarding the activities of the Supreme Court and judicial authorities.
 
The draft No. 3711 was submitted by the President, the alternative No. 3711-2 — initiated by a group of deputies from the mono-majority and No. 3711-1 — submitted to the Verkhovna Rada by the “Voice” MP Yaroslav Yurchyshyn.

What does draft law No. 3711 propose?

•    The draft law proposes to terminate the Supreme Court of Ukraine. It has to be reorganized, according to the draft, into the Supreme Court. Judges of the Supreme Court of Ukraine are not supposed to be dismissed, but enrolled in the staff of the Supreme Court. They are subject to qualification assessment within one year from the date of enrolment.
•    the draft law determines the procedure for appointment to the High Qualification Commission of Judges of Ukraine. This will be done by the High Council of Justice based on the results of the competition. It is the High Council of Justice that will form the competition commission and approve its personnel for the competition for the positions of members of the High Qualification Commission of Judges of Ukraine. The composition of the competition commission includes: 1) three persons from among judges or retired judges, proposed by the Council of Judges of Ukraine; 2) three persons from among international experts.
•    The composition of the High Qualifications Commission of Judges is determined — it will consist of sixteen members, who are appointed by the High Council of Justice based on the results of the competition for a term of four years. The same person may be re-appointed as a member of the High Qualifications Commission of Judges of Ukraine only once.
•    The draft also eliminates the Integrity and Ethics Commission.
 
The Venice Commission opinion on the draft law No. 3711

The Commission noted that the issue of the integrity of the members of the High Council of Justice was urgent and should be addressed without delay. The conclusion states that the High Council of Justice should not receive any new powers. Instead, the draft law significantly expands its the powers.

The provision of the draft law No. 3711 on the establishment of the Competition Commission for the competition for the High Qualification Commission of Judges of Ukraine with the involvement of international experts was assessed positively. According to the Venice Commission, such a composition of the Competition Commission will promote public confidence.

What does the draft law No. 3711-1 propose?

•    The draft determines the composition and structure of the Supreme Court. It points out that the Supreme Court consists of no more than two hundred judges, in contrast to the presidential draft.
•    Gives a significant role to the Public Integrity Council. The Council will have the right to: collect, verify and analyze information on a judge or candidate for the position of a judge; to provide, if there are grounds, to the High Qualification Commission of Judges of Ukraine an opinion on the non-compliance of a judge or a candidate for the position of a judge with the criteria of professional ethics and integrity; will have the right to create an information portal to collect information on the professional ethics and integrity of judges and candidates for the position of judge; will be able to file a disciplinary complaint against a judge with the bodies conducting disciplinary proceedings against judges; will have the right to initiate monitoring of the lifestyle of judges.
•    Maintains the autonomy of the High Qualifications Commission of Judges of Ukraine, determining the procedure for appointment to the positions of its members. Establishes that the competition for the position of a member of the High Qualifications Commission of Judges is conducted by the competition commission and not by the High Council of Justice, as proposed by the draft law No. 3711 and draft law No. 3711-2. The role of the High Council of Justice in this process is purely nominal.
•    Proposes to establish at the legislative level a requirement for the integrity of the members of the High Council of Justice. The Independent Competition Commission — the same one that will select the members of the High Qualifications Commission of Judges - will pre-select candidates for the High Council of Justice members. Based on the results of the selection, the Competition Commission will provide the appointing entities with a list of candidates. The appointing entity may elect / appoint as a member of the High Council of Justice only a person from the list of candidates approved by the Competition Commission. In addition, the Competition Commission will have the right to verify the integrity of current High Council of Justice members.
•    The bill provides for the functioning of the inspectors' service of the High Council of Justice.

What does the draft law No. 3711-2 propose?

- Eliminate the High Qualifications Commission of Judges and the Public Integrity Council.
Instead, it proposes the creation of a qualification chamber and a Public Council of International Experts within the High Council of Justice.
-    Rename the Supreme Court of Ukraine to the “Supreme Court” and create a Senate within it. The renamed Supreme Court will continue to administer justice as the highest in the judiciary.
-    Proposes to remove the requirement of incompatibility of a judge, which provides for a ban on holding positions and the purification of power.