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 -
30.04.2024
Implementation of SACP measures within ESR
Total number of measures –
7
4
3
Implemented
Partially 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 not implemented on time and in full
|
||
| 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 not implemented on time and in full
|
||
| 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 the unified criteria (indicators) of evaluation of integrity and professional ethics of a judge as well as integrity of a candidate for the position of a judge 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 criteria (indicators) of evaluation of integrity and professional ethics of a judge as well as the criterion (indicator) of integrity of a candidate for the position of a judge, taking into account the professional profile of the judge as well as 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 | The unified criteria (indicators) of evaluation of integrity and professional ethics of a judge as well as the criterion (indicator) of integrity of a candidate for the position of a judge, taking into account the best practices identified based on the findings of the analysis of the practices of evaluation of the conformity of judges (candidates for the position of a judge) to criteria of integrity and professional ethics 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 have been prepared and made public |
The measure was implemented on time, but partially
|
|
| 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 unified criteria (indicators) of evaluation of integrity and professional ethics of a judge as well as the criterion (indicator) of integrity of a candidate for the position of a judge, 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 unified criteria (indicators) of evaluation of integrity and professional ethics of a judge as well as the criterion (indicator) of integrity of a candidate for the position of a judge 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 implemented on time, but partially
|
|
| 7 | 2.1.2.1.7 Clearing, approving, and publicizing the revised draft unified criteria (indicators) of evaluation of integrity and professional ethics of a judge as well as the criterion (indicator) of integrity of a candidate for the position of a judge | High Council of Justice | Вища кваліфікаційна комісія суддів України, Громадська рада доброчесності | The unified criteria (indicators) of evaluation of integrity and professional ethics of a judge as well as the criterion (indicator) of integrity of a candidate for the position of a judge 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 implemented late and partially
|
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 taken effect, which provides for the approval of the unified criteria (indicators) of evaluation of integrity and professional ethics of a judge as well as integrity of a candidate for the position of a judge during all procedures of selection and evaluation of judges. The qualification evaluation procedures shall not lead to re-evaluation of judges who have passed such qualification evaluation during the initial qualification evaluation procedures, competitive selection or hiring procedures. | 30% |
| 3 |
The unified criteria (indicators) for evaluating the integrity and professional ethics of a judge as well as the integrity of a candidate for the position of a judge: a) have been developed by the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Public Council on Integrity taking into account the professional profile of the judge as well as the best practices identified based 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 a judge – for conformity to the criterion of integrity (9 percent); b) have been developed through consultations among 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 (9 percent); c) have been approved (9 percent); d) have been made public (9 percent); e) are used by the High Council of Justice, the High Qualification Commission of Judges of Ukraine, and the Public Council on Integrity (9 percent). |
45% |
| 4 |
at least 80 percent of justice experts estimate that: a) the unified criteria (indicators) of evaluation of integrity and professional ethics of a judge as well as the criterion (indicator) of integrity of a candidate for the position of a judge applied in practice fully or for the most part take into account the professional profile of the judge as well as the best practices of pre-evaluation of judges for conformity to the criteria of integrity and professional ethics and evaluation of candidates for the position of a judge – for conformity to the criterion of integrity at the High Council of Justice, the High Qualification Commission of Judges of Ukraine, and the Public Council on Integrity (5 percent); b) the unified criteria (indicators) of evaluation of integrity and professional ethics of a judge as well as the criterion (indicator) of integrity of a candidate for the position of a judge applied in practice are comprehensive and address all of the essential aspects (5 percent); c) the unified criteria (indicators) of evaluation of integrity and professional ethics of a judge as well as the criterion (indicator) of integrity of a candidate for the position of a judge are consistently used in the work of the High Council of Justice and the High Qualification Commission of Judges of Ukraine (5 percent). |
15% |