Feedback from the public

ESR

2.1.2.2. Improvements have been made to the mechanism of evaluation of candidates for conformity to the criteria (indicators) of integrity as part of procedures to select and appoint new judges with the involvement of the Public Council on Integrity

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

01.01.2024 - 31.01.2025

Implementation of SACP measures within ESR

Total number of measures – 2
1 1
In progress Not started

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

National Agency on Corruption Prevention

0%
2

Summarized general information on Measures

Name of the measure The main implementer Co-implementors Performance indicator Monitoring results (latest) Статус
1 2.1.2.2.1 Preparing and publicizing an analytical report on the expediency of forming the secretariat of the Public Council on Integrity, on ways to incorporate the recommendations of XV GRECO, and presenting the report National Agency on Corruption Prevention The analytical report has been made public and presented.
Implementation of the measure has started on time
In progress
2 2.1.2.2.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) provides for the evaluation of candidates for the position of a judge for conformity to the criterion of integrity in all judge selection procedures;
2) provides for the involvement of the Public Council on Integrity in helping the High Qualification Commission of Judges of Ukraine to determine whether or not candidates for the position of a judge conform to the criterion of integrity in all judge selection procedures;
3) defines a new mechanism for considering the opinion of the Public Council on Integrity to the effect that a judge (a candidate for the position of a judge) does not conform to the criteria of professional ethics and integrity, or for verifying the ability of this judge (candidate for the position of a judge) to administer justice when such an opinion has been issued;
4) grants members of the Public Council on Integrity and authorized officers of the secretariat of the Public Council on Integrity full access to personal files of judges (personal files of candidates for the position of a judge);
5) provides for the creation of the secretariat of the Public Council on Integrity, which would assist the members of the Public Council on Integrity while they exercise the legislatively prescribed powers, and identify the source of funding for their activities (if the formation of this secretariat has been deemed expedient according to the findings of the analytical study indicated in subclause 2.1.2.2.1);
6) provides for the involvement of the Public Council on Integrity in determining the schedules, time frames, and sequence of evaluations of judges and candidates for the position of a judge.
National Agency on Corruption Prevention Міністерство юстиції України, Вища кваліфікаційна комісія суддів України, Вища рада правосуддя, Громадська рада доброчесності The draft law has been submitted to the Parliament of Ukraine. Not started

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 (%)
1 An analytical report on the feasibility of establishing the secretariat of the Public Council on Integrity, on the ways to implement the recommendation of XV GRECO provided in the Evaluation Report on Ukraine, adopted at the 76th plenary session of GRECO (June 23, 2017) has been published. 10%
2 A law has taken effect, which:
a) provides for the evaluation of candidates for the position of a judge for conformity to the criterion of integrity in all judge selection procedures (10 percent);
b) provides for the involvement of the Public Council on Integrity in helping the High Qualification Commission of Judges of Ukraine to determine whether or not candidates for the position of a judge conform to the criterion of integrity in all judge selection procedures (10 percent);
c) defines a new mechanism for considering the opinion of the Public Council on Integrity to the effect that a judge (a candidate for the position of a judge) does not conform to the criteria of professional ethics and integrity, or for verifying the ability of this judge (candidate for the position of a judge) to administer justice when such an opinion has been issued (10 percent);
d) grants members of the Public Council on Integrity and authorized officers of the secretariat of the Public Council on Integrity full access to personal files of judges (personal files of candidates for the position of a judge) (10 percent);
e) provides for the creation of the secretariat of the Public Council on Integrity, which would assist the members of the Public Council on Integrity while they exercise the legislatively prescribed powers, and identify the source of funding for their activities (if the formation of this secretariat has been deemed expedient according to the findings of the analytical study indicated in subclause 1 of clause 2.1.2.2) (10 percent);
f) provides for the involvement of the Public Council on Integrity in determining the schedules, time frames, and sequence of evaluations of judges and candidates for the position of a judge (10 percent).
60%
3 at least 80 percent of justice experts estimate that:
a) the involvement of the Public Council on Integrity in evaluating the conformity of judges (candidates for the position of a judge) to criteria of integrity and professional ethics is prescribed in all the relevant judge selection procedures (15 percent);
b) the Public Council on Integrity has sufficient resources and powers to accomplish its objectives (15 percent).
30%

Key sources of assessment:

Additional sources of information: