Problem

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

General information about the problem

The transparency of the review of disciplinary complaints, disciplinary proceedings against judges, as well as the revision of decisions of the Disciplinary Chambers of the High Council of Justice remains insufficient, which reduces the credibility of the relevant bodies. Some of the grounds for bringing judges to disciplinary liability are not defined clearly enough to allow judges to predict their behavior. The relevant GRECO recommendation remains to be implemented.
In practice, there are cases when judges subject to disciplinary proceedings are dismissed from office on the basis of resignations before the proceedings are finalized. There are also no effective mechanisms for maintaining high standards of conduct by retired judges due to the limited range of grounds for termination of their retired judge status.
Dismissal of a judge from office due to failure to confirm the legality of the sources of assets is possible only as a result of disciplinary proceedings, although after the adoption of the Law of Ukraine dated June 2, 2016, No. 1401-VIII On Amendments to the Constitution of Ukraine (Regarding Justice), this reason for dismissal is defined separately and it is advisable to introduce a separate procedure for verifying the legality of the sources of assets outside of disciplinary proceedings.
After the passage of the Ruling of the Constitutional Court of Ukraine
No. 7-r/2020 dated June 11, 2020 in the case brought by the constitutional petition of 55 Parliament members of Ukraine regarding the conformity of Article 375 of the Criminal Code of Ukraine to the Constitution of Ukraine (constitutionality), the provision of said Code that established criminal liability for the delivery of a knowingly unjust verdict, decision, ruling or resolution has ceased to be effective. In the past, this provision had been repeatedly used in practice to influence judges, as no effective and efficient procedures had been put in place to prevent this.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 6
All measures of the SACP
measures, the implementation of which as of 30.09.2024
is about to begin to be completed
1 6 1 3
11
Implemented In progress Not implemented Not started
Measures implemented (fully and partially) - 1 (9.1%)

Deadlines for all measures

01.03.2023 - 31.12.2025

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

National Agency on Corruption Prevention

0%
4

Ministry of Justice of Ukraine

25%
4

High Council of Justice

0%
3

Achievement of ESR within the limits of the Problem

The total number of OSR – 6

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

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№ Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 2.1.3.1 The disciplinary body in the justice system, formed on the basis of a competitive selection process held by an independent committee, promptly and fairly considers disciplinary cases against judges 2.1.3.1.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) provides for the right to appeal with the High Council of Justice the decisions of the Disciplinary Chamber without obtaining the permission of the Disciplinary Chamber for such an appeal; 2) defines substantiated and balanced requirements for candidates for positions at the secretariat of the High Council of Justice, which would make it possible to ensure the conformity of the candidates to the criteria of competency, integrity, and professional ethics; 3) defines the procedure for participation by the Public Council on Integrity in the review of disciplinary complaints, particularly those concerning unscrupulous conduct by a judge, any conduct by a judge that tarnishes the status of a judge or undermines the authority of justice, abuse of the status of a judge to unjust enrichment by the judge or third parties, or declaration of knowingly false (including incomplete) statements in the declaration of integrity of the judge; 4) defines the procedure for reviewing disciplinary complaints that—at the time of entry into force by the Law of Ukraine dated July 14, 2021, No. 1635-IX On Amendments to Select Legislative Acts of Ukraine Pertaining to the Procedure of Election (Appointment) to Positions of Members of the High Council of Justice and the Activities of Disciplinary Inspectors of the High Council of Justice and until the creation of the service of disciplinary inspectors—were being reviewed by members of the High Council of Justice, as well as cases the review of which had been commenced by Disciplinary Chambers of the High Council of Justice, complaints against decisions to bring a judge or prosecutor to administrative liability which were being examined by the High Council of Justice prior to the aforementioned period (17 percent) National Agency on Corruption Prevention Not started
0% 0/ 1
2.1. ESR 2.1.3.2 The list and grounds for bringing a judge to disciplinary liability and the kinds of liability have been clarified in a way that allows judges to predict their behavior, in particular, the signs of disciplinary offenses that tarnish the title of judge or undermine the authority of justice have been more clearly defined, and the mechanisms for disciplinary investigation and consideration of disciplinary cases have been improved and simplified 2.1.3.2.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to update the list of grounds for bringing a judge to disciplinary liability in keeping with the principle of legal certainty and in accordance with GRECO recommendations National Agency on Corruption Prevention Implementation of the measure has started on time In progress
0% 0/ 3
2.2. 2.1.3.2.2. Preparing and publicizing an analytical report on the expediency of continued improvement and simplification of procedures of disciplinary proceedings against judges Ministry of Justice of Ukraine The measure has not been implemented Not implemented
2.3. 2.1.3.2.3. Discussing the conclusions and recommendations outlined in the analytical report indicated in subclause 2.1.3.2.2 with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community Ministry of Justice of Ukraine Implementation of the measure has not started Not started
3.1. 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 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 measure was implemented on time and in full Implemented
100% 4/ 4
3.2. 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 There is progress in the implementation of the measure In progress
3.3. 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 There is progress in the implementation of the measure In progress
3.4. 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 There is progress in the implementation of the measure In progress
4.1. ESR 2.1.3.4 The grounds and mechanisms for discontinuing disciplinary proceedings have been improved, in particular, a mechanism for discontinuing the disciplinary case against a judge in case of their resignation after the initiation of the disciplinary case against them has been introduced 2.1.3.4.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) prohibits dismissing a judge from their position following their retirement until disciplinary proceedings against this judge have been finalized; 2) defines the grounds for suspending the retirement and revoking the status of a judge if the retired judge has behaved in a way that is incompatible with the title of a judge; 3) establishes the procedure for examining the matter of suspending the retirement and revoking the status of a judge if the retired judge has behaved in a way that is incompatible with the title of a judge. Ministry of Justice of Ukraine There is no progress in the implementation of the measure In progress
0% 0/ 1
5.1. ESR 2.1.3.5 An effective mechanism has been introduced for verifying the legality of the origin of a judge’s property; judges who have violated the obligation to prove the legality of the source of their property have been dismissed pursuant to Article 126 of the Constitution of Ukraine 2.1.3.5.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) institutes a separate procedure for checking the legitimacy of the sources of origin of the judge’s assets (outside the scope of the disciplinary proceedings), which will be carried out by the National Agency; 2) institutes a separate procedure by which the High Council of Justice would review petitions for the dismissal of the judge on account of the violation of the obligation to prove the legitimacy of the origin of assets; 3) institutes a separate procedure by which the judge or plaintiff (complainant) can appeal decisions, actions, or omissions to act as part of the process of verifying the legitimacy of the origin of the judge’s assets, and dismiss the judge on account of the violation of the obligation to prove the legitimacy of the origin of assets. National Agency on Corruption Prevention Not started
0% 0/ 1
6.1. ESR 2.1.3.6 Criminal prosecution mechanisms are not used to exert pressure on judges; the institution of criminal liability of judges for arbitrary abuse of their powers has been introduced 2.1.3.6.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) institutes criminal liability for abuse of office by judges, while adhering to the principle of legal certainty and bearing in mind the legal position expressed in the Ruling of the Constitutional Court of Ukraine dated June 11, 2020, No. 7-r/2020; 2) defines the particulars of initiation of a criminal proceeding and conducting a pretrial investigation of criminal proceedings involving abuse of office by judges, which would make it impossible to use such proceedings to exert pressure on judges. National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
0% 0/ 1

Key sources on the state of the problem:

1. НАЗК: Аналіз проблеми

Assessment of the situation by international monitoring mechanisms and organizations: