Feedback from the public

ESR

2.1.2.4. An objective and transparent methodology for scoring and determining the results by members of the High Qualification Commission of Judges of Ukraine and the High Council of Justice when making decisions in the selection, evaluation, and promotion of judges, as well as for publishing information on the examinations, has been introduced

Problem solving:

2.1.2. Procedures for qualification evaluation of judges and competitive selection procedures need to be improved and clear and predictable criteria (indicators) of integrity and professional ethics should be developed. Integrity and professional ethics as standard requirements for judges are not sufficiently implemented in practice, and the evaluation of conformity to these requirements is not always transparent and predictable

Deadlines for all measures within ESR

01.06.2023 - 30.11.2023

Implementation of SACP measures within ESR

Total number of measures – 7
1 4 2
Implemented Partially implemented Not implemented

Implementation of SACP measures within the scope of the Problem by main main performers

Higher Qualification Commission of Judges of Ukraine

66.7%
6

Ministry of Justice of Ukraine

100%
1

Summarized general information on Measures

Name of the measure The main implementer Co-implementors Performance indicator Monitoring results (latest) Статус
1 2.1.2.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) mandates the publication by the High Qualification Commission of Judges of Ukraine of the results of examinations during the assessment of qualifications of judges (while safeguarding the personal data);
2) defines the concept and key characteristics of a professional profile of a judge.
Ministry of Justice of Ukraine The draft law has been submitted to the Parliament of Ukraine.
The measure was implemented on time, but partially
Partially implemented
2 2.1.2.4.2 Developing the draft professional profile of a judge Higher Qualification Commission of Judges of Ukraine The draft professional profile of a judge has been developed.
The measure was not implemented on time and in full
Implemented
3 2.1.2.4.3 Holding consultations with the participation of the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Public Council on Integrity, the Council of Judges of Ukraine, NGOs, and other stakeholders on the draft professional profile of a judge, obtaining expert opinions, and revising the draft Higher Qualification Commission of Judges of Ukraine Вища рада правосуддя, Громадська рада доброчесності, Рада суддів України At least one discussion of the draft professional profile of a judge has been held with the participation of representatives of the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Public Council on Integrity, the Council of Judges of Ukraine, and NGOs.
The measure has not been implemented
Not implemented
4 2.1.2.4.4 Approving and publicizing the revised professional profile of a judge Higher Qualification Commission of Judges of Ukraine The professional profile of a judge has been approved and publicized.
The measure has not been implemented
Not implemented
5 2.1.2.4.5 Developing the draft of detailed methods of the High Qualification Commission of Judges of Ukraine for the scoring of judges (candidates for the position of a judge) at each stage of judge selection and qualification evaluation procedures Higher Qualification Commission of Judges of Ukraine The draft of detailed methods has been developed.
The measure was implemented late and partially
Partially implemented
6 2.1.2.4.6 Holding consultations with the participation of the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Public Council on Integrity, the Council of Judges of Ukraine, NGOs, and other stakeholders on the draft of detailed methods of the High Qualification Commission of Judges of Ukraine for the scoring of judges (candidates for the position of a judge) at each stage of judge selection and qualification evaluation procedures, obtaining expert opinions, and revising the draft Higher Qualification Commission of Judges of Ukraine Вища рада правосуддя, Громадська рада доброчесності, Рада суддів України At least one discussion of the draft of detailed methods has been held with the participation of representatives of the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Public Council on Integrity, the Council of Judges of Ukraine, and NGOs.
The measure was implemented late and partially
Partially implemented
7 2.1.2.4.7 Approving the revised detailed methods of the High Qualification Commission of Judges of Ukraine for the scoring of judges (candidates for the position of a judge) at each stage of judge selection and qualification evaluation procedures, and publicizing them Higher Qualification Commission of Judges of Ukraine The detailed methods have been approved and publicized.
The measure was implemented late and partially
Partially implemented

Indicators of achievement of ESR

Total number of indicators – 4

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 4

Summarized general information about Achievement Indicators

Indicators Weight (%)
1 A law has taken effect, which:
a) mandates the publication by the High Qualification Commission of Judges of Ukraine of the results of examinations during the assessment of qualifications of judges (while safeguarding the personal data) (15 percent);
b) defines the concept and key characteristics of a professional profile of a judge (15 percent).
30%
2 The professional profile of a judge:
a) has been developed by the High Qualification Commission of Judges of Ukraine (6 percent);
b) has been revised following consultations with the High Council of Justice, the Public Council on Integrity, the Council of Judges of Ukraine, and NGOs (6 percent);
c) has been approved by the High Qualification Commission of Judges of Ukraine (6 percent);
d) has been made public (6 percent);
e) is constantly applied in practice, in particular, when determining detailed methodologies for scoring during the selection of judges and evaluation of qualifications (6 percent).
30%
3 Detailed methods of the High Qualification Commission of Judges of Ukraine for the scoring of judges (candidates for the position of a judge) at each stage of judge selection and qualification evaluation procedures:
a) have been developed taking into account the professional profile of a judge defined by the High Qualification Commission of Judges of Ukraine (6 percent);
b) have been revised following consultations with the High Council of Justice, the Public Council on Integrity, the Council of Judges of Ukraine, and NGOs (6 percent);
c) have been approved by the High Qualification Commission of Judges of Ukraine (6 percent);
d) have been made public (6 percent);
e) are being constantly used in procedures of selection of judges and evaluation of qualifications (6 percent).
30%
4 at least 80 percent of justice experts estimate that:
a) the detailed methods of the High Qualification Commission of Judges of Ukraine for the scoring of judges (candidates for the position of a judge) at each stage of judge selection and qualification evaluation procedures, which are used in practice, fully or for the most part ensure the appropriate balance between objective and subjective evaluation criteria (5 percent);
b) the detailed methods of the High Qualification Commission of Judges of Ukraine for the scoring of judges (candidates for the position of a judge) at each stage of judge selection and qualification evaluation procedures are systematically used by the High Qualification Commission of Judges of Ukraine in all judge selection and qualification evaluation procedures (5 percent).
10%

Key sources of assessment:

Additional sources of information: