ESR
2.1.2.1. The High Qualification Commission of Judges of Ukraine, the High Council of Justice, together with the bodies involved in the assessment, judicial self-government bodies and the public have developed and implemented clear and predictable criteria (indicators) of integrity and professional ethics for the qualification assessment of judges and selection of new judges
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
01.03.2023 -
30.11.2024
Implementation of SACP measures within ESR
Total number of measures –
7
7
Implemented
Implementation of SACP measures within the scope of the Problem by main main performers
High Council of Justice
100%
5
Higher Qualification Commission of Judges of Ukraine
100%
1
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 | 2.1.2.1.1 Conducting (and publishing the findings of) an analytical study of the practices of evaluation of judges for conformity to the criteria of integrity and professional ethics and evaluation of candidates for conformity to the criterion of integrity by the High Qualification Commission of Judges, the Public Council on Integrity, and the Public Council of International Experts | Higher Qualification Commission of Judges of Ukraine | The report on the findings of the analysis of the practices of evaluation of judges for conformity to the criteria of integrity and professional ethics and evaluation of candidates for the position of judges for conformity to the criterion of integrity by the High Qualification Commission of Judges has been prepared and made public. |
The measure was not implemented on time and in full
|
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| 2 | 2.1.2.1.2 Conducting (and publishing the findings of) an analytical study of the practices of evaluation of judges for conformity to the criteria of integrity and professional ethics and evaluation of candidates for conformity to the criterion of integrity by the High Council of Justice | High Council of Justice | The report on the findings of the analysis of the practices of evaluation of judges for conformity to the criteria of integrity and professional ethics and evaluation of candidates for the position of judges for conformity to the criterion of integrity by the High Council of Justice has been prepared and made public. |
The measure was implemented on time and in full
|
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| 3 | 2.1.2.1.3 Conducting and publicizing a comparative analysis of the reports issued by the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Public Council on Integrity, and the Public Council of International Experts on the analysis of the practices of evaluation of judges for conformity to the criteria of integrity and professional ethics and evaluation of candidates for conformity to the criterion of integrity | High Council of Justice | The comparative analysis of the reports issued by the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Public Council on Integrity, and the Public Council of International Experts on the analysis of the practices of evaluation of judges for conformity to the criteria of integrity and professional ethics and evaluation of candidates for conformity to the criterion of integrity has been made public. |
The measure was implemented on time and in full
|
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| 4 | 2.1.2.1.4 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to grant the High Council of Justice the powers to approve Unified judge (candidate for a position of a judge) integrity and professional ethics estimation indicators during all procedures of selection and evaluation of judges | 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
|
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| 5 | 2.1.2.1.5 Drafting the Unified judge (candidate for a position of a judge) integrity and professional ethics estimation indicators taking into account the best practices identified based on the findings of the analysis of the practices of evaluation by the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Public Council of International Experts, and the Public Council on Integrity | High Council of Justice | Вища кваліфікаційна комісія суддів України, Громадська рада доброчесності | Unified judge (candidate for a position of a judge) integrity and professional ethics estimation indicators |
The measure was not implemented on time and in full
|
|
| 6 | 2.1.2.1.6 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 Unified judge (candidate for a position of a judge) integrity and professional ethics estimation indicators, obtaining expert opinions, and revising the draft | High Council of Justice | Вища кваліфікаційна комісія суддів України, Громадська рада доброчесності, Рада суддів України | At least three consultations on the draft of Unified judge (candidate for a position of a judge) integrity and professional ethics estimation indicators have 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 Public Council of International Experts, the Council of Judges of Ukraine, and NGOs. |
The measure was not implemented on time and in full
|
|
| 7 | 2.1.2.1.7 Clearing, approving, and publicizing the revised draft of Unified judge (candidate for a position of a judge) integrity and professional ethics estimation indicators | High Council of Justice | Вища кваліфікаційна комісія суддів України, Громадська рада доброчесності | Unified judge (candidate for a position of a judge) integrity and professional ethics estimation indicators have been cleared with the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Public Council on Integrity, and the Public Council of International Experts, approved and made public |
The measure was not implemented on time and in full
|
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 |
The findings of the analysis of the practice of evaluating judges (candidates for the position of a judge) for conformity to the criteria of integrity and professional ethics (in particular, taking into account the relevant judicial practice) have been prepared and published by: a) the Public Council on Integrity (2.5 percent); b) the Public Council of International Experts (2.5 percent); c) the High Qualification Commission of Judges of Ukraine (2.5 percent); d) the High Council of Justice (2.5 percent). |
10% |
| 2 | a law has come into force that provides for the approval of the Unified judge (candidate for a position of a judge) integrity and professional ethics estimation indicators during all procedures for the selection and evaluation of judges. The qualification assessment procedures should not lead to re-evaluation of those judges who have passed such qualification assessment during the initial qualification assessment, competition or selection procedures | 30% |
| 3 |
Unified judge (candidate for a position of a judge) integrity and professional ethics estimation indicators: a) developed by the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Public Integrity Council, based on the best practices identified through the analysis of the practice of assessing the compliance of judges with the criteria of integrity and professional ethics, and candidates for the position of judge with the criteria of integrity (9 percent); b) developed in consultation with the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Public Integrity Council, the Council of Judges of Ukraine, and non-governmental organizations (9 percent); c) approved (9 percent); d) published (9 percent); e) are applied by the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Public Integrity Council (9 percent) |
45% |
| 4 |
At least 80 percent of justice experts estimate that: а) Unified judge (candidate for a position of a judge) integrity and professional ethics estimation indicators that are applied in practice fully or mostly take into account the judge's professional profile, as well as all the best practices of preliminary assessment of judges' compliance with the criteria of integrity and professional ethics, and candidates for the position of judge - with the integrity criteria of the High Council of Justice, the High Qualification Commission of Judges of Ukraine, and the Public Integrity Council (5 percent); б) Unified judge (candidate for a position of a judge) integrity and professional ethics estimation indicators that are applied in practice are comprehensive and cover all necessary aspects (5 percent); в) Unified judge (candidate for a position of a judge) integrity and professional ethics estimation indicators are systematically applied in the activities of the High Council of Justice, the High Qualifications Commission of Judges of Ukraine, and the Public Integrity Council (5 percent) |
15% |