Feedback from the public

ESR

2.1.3.3. The disciplinary practice with respect to judges is consistent, predictable, stable, and open; all decisions of the disciplinary authority are made public on time; disciplinary proceedings against judges are generally open and broadcast in real time

Problem solving:

2.1.3. Lack of effective mechanisms for maintaining the integrity of the judiciary and responding to established facts of influence, pressure on judges and interference in their activities

Deadlines for all measures within ESR

01.06.2023 - 31.12.2025

Implementation of SACP measures within ESR

Total number of measures – 4

1 3

Implemented In progress

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

High Council of Justice

Ministry of Justice of Ukraine

100%

Summarized general information on Measures

№	Name of the measure	The main implementer	Performance indicator	Monitoring results (latest)	Статус
1	2.1.3.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) stipulates that sessions of Disciplinary Chambers of the High Council of Justice shall be public with real-time video broadcasts; 2) stipulates that the sessions of the High Council of Justice convened to examine complaints against decisions of Disciplinary Chambers following the review of disciplinary proceedings against a judge shall be public with real-time video broadcasts; 3) defines the exhaustive list of grounds for an examination behind closed doors during a session of Disciplinary Chambers of the High Council of Justice without real-time video broadcasts; 4) establishes the exhaustive list of grounds for holding an examination behind closed doors during the session of the High Council of Justice convened to examine complaints against decisions of Disciplinary Chambers following the review of disciplinary proceedings against a judge without real-time video broadcasts; 5) stipulates that an examination behind closed doors during a session of Disciplinary Chambers of the High Council of Justice without real-time video broadcasts is possible only based on a well-reasoned decision of the Disciplinary Chambers of the High Council of Justice with the substantiation of the existence of the relevant grounds prescribed by law; 6) stipulates that an examination behind closed doors during a session of the High Council of Justice convened to examine complaints against decisions of Disciplinary Chambers of the High Council of Justice without real-time video broadcasts is possible only based on a well-reasoned decision of the High Council of Justice with the substantiation of the existence of the relevant grounds prescribed by law; 7) defines a clear time frame for each stage of the disciplinary proceeding, which would rule out the possibility of unreasonable delays in the review of disciplinary complaints; 8) provides for open and roll-call voting by members of the Disciplinary Chambers of the High Council of Justice and by the High Council of Justice on decisions in disciplinary cases.	Ministry of Justice of Ukraine	The draft law has been submitted to the Parliament of Ukraine.	The measure was implemented on time and in full	Implemented
2	2.1.3.3.2 Preparing and annually publishing summaries of the disciplinary practice of Disciplinary Chambers of the High Council of Justice for the previous calendar year	High Council of Justice	The summary of the disciplinary practice has been publicized.	There is progress in the implementation of the measure	In progress
3	2.1.3.3.3 Preparing and annually publishing summaries of the disciplinary practice of the High Council of Justice in revising the decisions of Disciplinary Chambers of the High Council of Justice for the previous calendar year	High Council of Justice	The summary of the disciplinary practice has been publicized.	There is progress in the implementation of the measure	In progress
4	2.1.3.3.4 Holding annual discussions of the summaries of judicial practice prepared by Disciplinary Chambers of the High Council of Justice and by the High Council of Justice, with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community	High Council of Justice	The summaries of disciplinary practice have been discussed with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community.	There is progress in the implementation of the measure	In progress

Indicators of achievement of ESR

Total number of indicators – 3

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 3

Summarized general information about Achievement Indicators

№	Indicators	Weight (%)
№	Indicators	Weight (%)	1	A law has taken effect, which: a) stipulates that sessions of disciplinary chambers of the High Council of Justice shall be public with real-time video broadcasts (10 percent); b) stipulates that the sessions of the High Council of Justice convened to examine complaints against decisions of disciplinary chambers following the review of disciplinary proceedings against a judge shall be public with real-time video broadcasts (10 percent); c) defines the exhaustive list of grounds for an examination behind closed doors during a session of disciplinary chambers of the High Council of Justice without real-time video broadcasts (5 percent); d) establishes the exhaustive list of grounds for holding an examination behind closed doors during the session of the High Council of Justice convened to examine complaints against decisions of disciplinary chambers following the review of disciplinary proceedings against a judge without real-time video broadcasts (5 percent); e) stipulates that an examination behind closed doors during a session of disciplinary chambers of the High Council of Justice without real-time video broadcasts is possible only based on a well-reasoned decision of the disciplinary chambers of the High Council of Justice with the substantiation of the existence of the relevant grounds prescribed by law (5 percent); f) stipulates that an examination behind closed doors during a session of the High Council of Justice convened to examine complaints against decisions of disciplinary chambers of the High Council of Justice without real-time video broadcasts is possible only based on a well-reasoned decision of the High Council of Justice with the substantiation of the existence of the relevant grounds prescribed by law (5 percent); g) defines a clear time frame for each stage of the disciplinary proceeding, which would rule out the possibility of unreasonable delays in the review of disciplinary complaints (10 percent); h) provides for open and roll-call voting by members of the disciplinary chambers of the High Council of Justice and by the High Council of Justice on decisions in disciplinary cases (10 percent).	60%
2	Each year, consolidated information is prepared and published with respect to: a) the disciplinary practice of disciplinary chambers of the High Council of Justice (10 percent); b) the disciplinary practice of the High Council of Justice in revising the decisions of disciplinary chambers of the High Council of Justice (10 percent).	20%
3	at least 80 percent of justice experts estimate that: a) decisions of the disciplinary chambers of the High Council of Justice following the review of disciplinary complaints, disciplinary proceedings against judges are always duly substantiated and motivated (5 percent); b) decisions of the High Council of Justice following the review of complaints against decisions of the disciplinary chambers of the High Council of Justice to impose disciplinary penalties on a judge are always duly substantiated and motivated (5 percent); c) a closed hearing during a meeting of the disciplinary authority without providing real-time video broadcasting is conducted only in exceptional cases if there are grounds established by law and proper justification for such a decision (5 percent); d) a closed hearing during a meeting of the High Council of Justice examining complaints against decisions of disciplinary chambers of the High Council of Justice without providing real-time video broadcasting is conducted only in exceptional cases if there are grounds established by law and proper justification for such a decision (5 percent).	20%

ESR