Feedback from the public

ESR

2.1.1.2. The integrity of new members of the High Council of Justice and the High Qualification Commission of Judges of Ukraine is evaluated by an independent committee, and the current members of the High Council of Justice have been evaluated for conformity to the requirements of integrity and professional ethics; the new members of the High Council of Justice and the High Qualification Commission of Judges of Ukraine meet these requirements; the issue of dismissal of members who fall short of these requirements has been considered

Problem solving:

2.1.1. There is a social trend towards a declining level of trust in the justice system. The law does not define integrity as a qualification requirement for members of the High Council of Justice and the High Qualification Commission of Judges of Ukraine

Deadlines for all measures within ESR

01.03.2023 - 31.01.2025

Implementation of SACP measures within ESR

Total number of measures – 3
2 1
Implemented Not started

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

Ethics Council

100%
1

competition commission for holding a competition for the position of a member of the Higher Qualification Commission of Judges of Ukraine

100%
1

National Agency on Corruption Prevention

0%
1

Summarized general information on Measures

Name of the measure The main implementer Co-implementors Performance indicator Monitoring results (latest) Статус
1 2.1.1.2.1 Conducting the assessment of conformity of the candidates for positions of members of the High Council of Justice to the requirements of professional ethics and integrity Ethics Council The opinions on the conformity to the criteria of professional ethics and integrity in respect of each candidate for a vacant position of a member of the High Council of Justice have been issued to the appointing agencies and made public.
The measure was implemented on time and in full
Implemented
2 2.1.1.2.2 Conducting the assessment of conformity of the candidates for vacant positions of members of the High Qualification Commission of Judges of Ukraine to the criterion of integrity competition commission for holding a competition for the position of a member of the Higher Qualification Commission of Judges of Ukraine The list of candidates for the vacant positions of members of the High Qualification Commission of Judges of Ukraine, who conform to the criteria of integrity and professional competency, has been compiled and handed over to the High Council of Justice and made public.
The measure was implemented on time and in full
Implemented
3 2.1.1.2.3 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) amends Article 951 of the Law of Ukraine On the Judicial System and Status of Judges regarding the inclusion of civil society representatives in the competitive selection committee (instead of international experts pursuant to Clause 50 of Section XII “Final and Transitional Provisions” of said Law);
2) amends Article 91 of the Law of Ukraine On the High Council of Justice regarding the inclusion of civil society representatives in the Ethics Council (instead of international experts pursuant to Clause 231 of Section III “Final and Transitional Provisions” of said Law).
National Agency on Corruption Prevention Міністерство юстиції України The draft law has been submitted to the Parliament of Ukraine. Not started

Indicators of achievement of ESR

Total number of indicators – 5

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 5

Summarized general information about Achievement Indicators

Indicators Weight (%)
1 A law has taken effect, which has amended Article 951 of the Law of Ukraine On the Judicial System and Status of Judges regarding the inclusion of civil society representatives in the competitive selection committee conducting the competitive process to select candidates for the position of a member of the High Qualification Commission of Judges of Ukraine (instead of international experts pursuant to Clause 50 of Section XII “Final and Transitional Provisions” of this Law). 25%
2 A law has taken effect, which has amended Article 91 of the Law of Ukraine On the High Council of Justice regarding the inclusion of civil society representatives in the Ethics Council (instead of international experts pursuant to Clause 231 of Section III “Final and Transitional Provisions” of this Law). 25%
3 The opinions on the conformity to the criteria of professional ethics and integrity in respect of each candidate for a vacant position of a member of the High Council of Justice:
a) have been issued to the appointing agencies (8 percent);
b) have been made public (2 percent).
10%
4 the list of candidates for vacant positions of members of the High Qualification Commission of Judges of Ukraine who meet the criterion of integrity:
a) has been compiled (4 percent);
b) has been handed over to the High Council of Justice (4 percent);
c) has been made public (2 percent).
10%
5 at least 80 percent of justice experts estimate that:
a) the legislatively prescribed composition of the committee that evaluates candidates for positions of members of the High Council of Justice in accordance with the law makes it possible to ensure their independence fully or for the most part (10 percent);
b) the legislatively prescribed composition of the committee that evaluates candidates for positions of members of the High Qualification Commission of Judges of Ukraine in accordance with the law makes it possible to ensure their independence fully or for the most part (10 percent).
c) the evaluation of the current members of the High Council of Justice for conformity to the requirements of integrity and professional ethics has been wholly or for the most part conducted in an impartial and unbiased manner (10 percent).
30%

Key sources of assessment:

Additional sources of information: