Direction 2.1.
Fair courts, prosecutorial and law enforcement authorities
24.5%
24 /
98
0.0%
Problem 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
50%
3 /
6
0.0%
1.1
ОСР
2.1.1.1.
Integrity has been defined as a mandatory legislative requirement for members of the High Council of Justice, the High Qualification Commission of Judges of Ukraine, and disciplinary authorities in the justice system
2.1.1.1.1 Monitoring the draft laws that propose amendments to the Laws of Ukraine On the Judicial System and Status of Judges and On the High Council of Justice regarding the assessment of conformity to the criteria of integrity on the part of candidates for the position of a member of the High Council of Justice, the High Qualification Commission of Judges of Ukraine, and the indicators based on which the assessment of conformity to the criterion of integrity is carried out, as well as preparation of the relevant proposals
High Council of Justice
There is progress in the implementation of the measure
In progress
0%
0 /
1
0.0%
2.1
ОСР
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
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 measure was implemented on time and in full
Implemented
66.7%
2 /
3
0.0%
2.2
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 measure was implemented on time and in full
Implemented
2.3
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
Not started
3.1
ОСР
2.1.1.3.
A member of the High Council of Justice or the High Qualification Commission of Judges of Ukraine is unable to pass decisions when faced with a conflict of interest
2.1.1.3.1 Arranging an analytical study of the mechanism of prevention and resolution of conflicts of interest in the proceedings of the High Council of Justice and the High Qualification Commission of Judges of Ukraine, the problems inherent in this mechanism and proposals on how to address them, and the presentation of the analytical study (particularly regarding the possibility of reporting a potential conflict of interest or submitting a voluntary declaration of private interest)
National Agency on Corruption Prevention
The measure was implemented on time, but partially
Partially implemented
50%
1 /
2
0.0%
3.2
2.1.1.3.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to eliminate the existing problems inherent in the mechanism of prevention and regulation of the conflict of interest in the proceedings of the High Council of Justice and the High Qualification Commission of Judges of Ukraine, taking into account the findings of the analytical study indicated in subclause 2.1.1.3.1
National Agency on Corruption Prevention
Not started
Problem 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
34.8%
8 /
23
0.0%
1.1
ОСР
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
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 measure was not implemented on time and in full
Implemented
71.4%
5 /
7
0.0%
1.2
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 measure was not implemented on time and in full
Implemented
1.3
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 measure has not been implemented
Not implemented
1.4
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 measure was implemented on time and in full
Implemented
1.5
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
The measure was implemented on time, but partially
Partially implemented
1.6
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
The measure was implemented on time, but partially
Partially implemented
1.7
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
Not started
2.1
ОСР
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
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
Implementation of the measure has started on time
In progress
0%
0 /
2
0.0%
2.2
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
Not started
3.1
ОСР
2.1.2.3.
Improvements have been made to the mechanism by which the High Qualification Commission of Judges of Ukraine conducts procedures of evaluation of qualifications of judges and competitive selection procedures in order to avoid unjustified delays
2.1.2.3.1 Developing a draft act that would simplify the procedure of administering examinations and tests, particularly regarding the possibility of evaluation of practical knowledge by specialists hired by the High Qualification Commission of Judges of Ukraine, simplify the scoring based on the results of psychological tests, and so forth
Higher Qualification Commission of Judges of Ukraine
The measure was not implemented on time and in full
Implemented
14.3%
1 /
7
0.0%
3.2
2.1.2.3.2 Holding a public discussion of the draft act indicated in subclause 2.1.2.3.1, and ensuring its revision (if needed)
Higher Qualification Commission of Judges of Ukraine
The measure has not been implemented
Not implemented
3.3
2.1.2.3.3 Approving and publicizing the draft act indicated in subclause 2.1.2.3.1
Higher Qualification Commission of Judges of Ukraine
The measure has not been implemented
Not implemented
3.4
2.1.2.3.4 Preparing and publicizing an analytical report on the expediency of continued improvement and simplification of judge selection procedures, evaluation of qualifications of judges (candidates for the position of a judge) with the objective of avoiding unjustified delays
Ministry of Justice of Ukraine
Implementation of the measure has not started
Not started
3.5
2.1.2.3.5 Discussing the conclusions and recommendations outlined in the analytical report indicated in subclause 2.1.2.3.4 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
3.6
2.1.2.3.6 Developing software and deploying hardware needed to create and maintain personal files of judges (personal files of candidates for positions of judges) in electronic form in the Unified Judicial Information and Telecommunication System
State Judicial Administration of Ukraine
The measure has not been implemented
Not implemented
3.7
2.1.2.3.7 Preparing and approving a regulation governing the procedure of operation of the subsystem designed to create and maintain personal files of judges (personal files of candidates for positions of judges) in electronic form in the Unified Judicial Information and Telecommunication System
High Council of Justice
The measure has not been implemented
Not implemented
4.1
ОСР
2.1.2.4.
An objective and transparent methodology for scoring and determining the results by members of the High Qualification Commission of Judges of Ukraine and the High Council of Justice when making decisions in the selection, evaluation, and promotion of judges, as well as for publishing information on the examinations, has been introduced
2.1.2.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) mandates the publication by the High Qualification Commission of Judges of Ukraine of the results of examinations during the assessment of qualifications of judges (while safeguarding the personal data);
2) defines the concept and key characteristics of a professional profile of a judge.
Ministry of Justice of Ukraine
The measure was implemented on time, but partially
Partially implemented
28.6%
2 /
7
0.0%
4.2
2.1.2.4.2 Developing the draft professional profile of a judge
Higher Qualification Commission of Judges of Ukraine
The measure was not implemented on time and in full
Implemented
4.3
2.1.2.4.3 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 professional profile of a judge, obtaining expert opinions, and revising the draft
Higher Qualification Commission of Judges of Ukraine
The measure has not been implemented
Not implemented
4.4
2.1.2.4.4 Approving and publicizing the revised professional profile of a judge
Higher Qualification Commission of Judges of Ukraine
The measure has not been implemented
Not implemented
4.5
2.1.2.4.5 Developing the draft of detailed methods of the High Qualification Commission of Judges of Ukraine for the scoring of judges (candidates for the position of a judge) at each stage of judge selection and qualification evaluation procedures
Higher Qualification Commission of Judges of Ukraine
The measure has not been implemented
Not implemented
4.6
2.1.2.4.6 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 detailed methods of the High Qualification Commission of Judges of Ukraine for the scoring of judges (candidates for the position of a judge) at each stage of judge selection and qualification evaluation procedures, obtaining expert opinions, and revising the draft
Higher Qualification Commission of Judges of Ukraine
The measure has not been implemented
Not implemented
4.7
2.1.2.4.7 Approving the revised detailed methods of the High Qualification Commission of Judges of Ukraine for the scoring of judges (candidates for the position of a judge) at each stage of judge selection and qualification evaluation procedures, and publicizing them
Higher Qualification Commission of Judges of Ukraine
The measure has not been implemented
Not implemented
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
18.2%
2 /
11
0.0%
1.1
ОСР
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
Implementation of the measure has started on time
In progress
0%
0 /
1
0.0%
2.1
ОСР
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
Not started
0%
0 /
3
0.0%
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
Implementation of the measure has not started
Not started
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
ОСР
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
25%
1 /
4
0.0%
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
Implementation of the measure has started on time
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
Implementation of the measure has started on time
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
Not started
4.1
ОСР
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
The measure has not been implemented
Not implemented
0%
0 /
1
0.0%
5.1
ОСР
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
Implementation of the measure has started on time
In progress
0%
0 /
1
0.0%
6.1
ОСР
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
The measure was implemented late and partially
Partially implemented
100%
1 /
1
0.0%
Problem 2.1.4.
Presence of corruption risks attributable to gaps and flaws of legislation in the system of justice
11.1%
3 /
27
0.0%
1.1
ОСР
2.1.4.1.
Mechanisms have been introduced to prevent the same person from holding an administrative position in a court for a long time
2.1.4.1.1 Preparing and publicizing an analytical report on the findings of the study of cases where administrative positions in courts have been filled by the same person for more than two terms of office in a row, with recommendations on how to deal with such cases and make their recurrence impossible
National Agency on Corruption Prevention
Not started
0%
0 /
2
0.0%
1.2
2.1.4.1.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to improve the procedure for electing judges to administrative positions and dismissing them from these positions in order to make it impossible for the same person to hold the same administrative position in courts for a long period of time, according to the recommendations outlined in the analytical report indicated in subclause 2.1.4.1.1
National Agency on Corruption Prevention
Not started
2.1
ОСР
2.1.4.2.
E-justice has been ensured, in particular by enabling the online consideration of certain categories of cases regardless of the location of the parties and the court, which, in particular, contributes to the even allocation of cases among courts and judges
2.1.4.2.1 Preparing and publicizing an analytical report with recommendations on determining the categories of cases that can be examined online irrespective of the location of the parties and the court
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
25%
2 /
8
0.0%
2.2
2.1.4.2.2 Discussing the conclusions and recommendations outlined in the analytical report 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
The measure was implemented on time and in full
Implemented
2.3
2.1.4.2.3 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to provide for online judicial examination irrespective of the location of the parties and the court for specific categories of cases, according to the recommendations outlined in the analytical report indicated in subclause 2.1.4.2.1
Ministry of Justice of Ukraine
Implementation of the measure has not started
Not started
2.4
2.1.4.2.4 Conducting an audit of the current status of information technologies in courts, as well as assessing the degree to which they align with the current tasks of the justice system. The audit should produce an assessment of the current IT solutions in accordance with best international practices and bearing in mind the cost effectiveness of the existing infrastructure, as well as the recommendations regarding the continued development and transformation of the architecture of IT systems of the judiciary.
State Judicial Administration of Ukraine
The measure has not been implemented
Not implemented
2.5
2.1.4.2.5 Hiring an independent expert organization to assess the result of the spending of funds on the creation and improvement of services and modules of the Unified Judicial Information and Telecommunication System
State Judicial Administration of Ukraine
The measure has not been implemented
Not implemented
2.6
2.1.4.2.6 Developing and approving the functional requirements for the implementation of the full functionality of the Unified Judicial Information and Telecommunication System (continued improvement of services and modules)
State Judicial Administration of Ukraine
The measure has not been implemented
Not implemented
2.7
2.1.4.2.7 Developing software and deploying hardware required for the implementation of the full functionality of the Unified Judicial Information and Telecommunication System with the involvement of vendors / contractors selected through competitive and transparent public procurement processes (including the expansion of the functionality of the Unified Judicial Information and Telecommunication System as mandated by provisions of procedural legislation and to provide courts with IT equipment (server, network, and computer hardware, particularly scanners)
State Judicial Administration of Ukraine
Implementation of the measure was started late
In progress
2.8
2.1.4.2.8 Developing and approving the Regulation on the Unified Judicial Information and Telecommunication System, which would define the procedure for the operation and usage of all subsystems (modules)
High Council of Justice
Implementation of the measure has not started
Not started
3.1
ОСР
2.1.4.3.
The scope of application of methods of alternative dispute resolution and pretrial settlement of disputes has been expanded
2.1.4.3.1 Supporting the consideration of the Draft Law of Ukraine On Amendments to Select Laws of Ukraine Towards the Improvement of the Procedure for Creating and Operating Arbitration Courts with the Objective of Restoring Trust in Arbitration Proceedings (registration number 3411 dated April 29, 2020) (particularly if the President of Ukraine vetoes the draft law)
Ministry of Justice of Ukraine
Implementation of the measure has not started
Not started
0%
0 /
2
0.0%
3.2
2.1.4.3.2 Supporting the consideration of the Draft Law of Ukraine On Amendments to Select Legislative Acts of Ukraine Towards the Improvement of Operations of Arbitration Courts (registration number 5347 dated April 8, 2021) in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law)
Ministry of Justice of Ukraine
Implementation of the measure has not started
Not started
4.1
ОСР
2.1.4.4.
The system of enforcement of court decisions has been improved
2.1.4.4.1 Supporting the consideration of the Draft Law of Ukraine On Enforcement of Decisions (registration number 5660 dated June 14, 2021) in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law)
Ministry of Justice of Ukraine
There is no progress in the implementation of the measure
In progress
0%
0 /
5
0.0%
4.2
2.1.4.4.2 Ensuring the connection of banks to the automated system of enforcement proceedings to enable information exchange and ensure automated freezing of funds in accounts of debtors
State Enterprise "National Information Systems"
There is progress in the implementation of the measure
In progress
4.3
2.1.4.4.3 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) implements efficient and effective judicial control over the enforcement of court decisions;
2) implements effective procedures for determining or changing the method or procedure of enforcement of decisions unrelated to property;
3) improves the procedure of enforcement of decisions that obligate the debtor to act or refrain from acting in a certain way;
4) revises and revokes unjustified moratoriums on the enforcement of decisions in which state-owned enterprises are named as debtors;
5) improves the procedure for enforcement of decisions of international arbitration courts in Ukraine.
Ministry of Justice of Ukraine
There is progress in the implementation of the measure
In progress
4.4
2.1.4.4.4 Implementing a Unified State Register of Enforcement Documents taking into account the architecture requirements for subsequent application of data array technologies
State Judicial Administration of Ukraine
The measure has not been implemented
Not implemented
4.5
2.1.4.4.5 Ensuring the data exchange and interoperability between the Automated System of Enforcement Proceedings and the Unified State Register of Enforcement Documents
State Judicial Administration of Ukraine
Implementation of the measure has not started
Not started
5.1
ОСР
2.1.4.5.
The regulations on transparent planning and allocation of budget resources in the judicial system based on objective and clearly defined criteria have been introduced; the operations of the State Judicial Administration have been audited, particularly in matters of allocation of financial and economic resources for courts and judicial authorities, management of state-owned properties controlled by the State Judicial Administration
2.1.4.5.1 Conducting activities of state external financial control (audit) over the spending of state budget funds on the administration of justice by local courts and courts of appeal and the functioning of agencies and institutions of the justice system, including in matters of the allocation of financial and economic resources for courts and judicial authorities, management of state-owned properties controlled by the State Judicial Administration (SJA), supporting the creation and operation of specific subsystems (modules) of the Unified Judicial Information and Telecommunication System
Accounting Chamber of Ukraine
There is progress in the implementation of the measure
In progress
14.3%
1 /
7
0.0%
5.2
2.1.4.5.2 Drafting standards of staffing, funding, logistics, and supply of other resources for courts
State Judicial Administration of Ukraine
The measure was implemented on time, but partially
Partially implemented
5.3
2.1.4.5.3 Holding consultations on the draft standards of staffing, funding, logistics, and supply of other resources for courts with the participation of the High Council of Justice, the State Judicial Administration, the High Qualification Commission of Judges of Ukraine, the Council of Judges of Ukraine, judges, NGOs, international organizations, and participants of international technical assistance projects; obtaining expert opinions
High Council of Justice
Implementation of the measure has started on time
In progress
5.4
2.1.4.5.4 Revising and approving the standards of staffing, funding, logistics, and supply of other resources for courts, and publicizing them
High Council of Justice
Not started
5.5
2.1.4.5.5 Drafting the Regulation on transparent planning and allocation of budget resources in the judicial system based on objective and clearly defined criteria, particularly taking into account the standards of staffing, funding, logistics, and supply of other resources for courts
State Judicial Administration of Ukraine
Not started
5.6
2.1.4.5.6 Holding consultations on the draft Regulation on transparent planning and allocation of budget resources in the judicial system based on objective and clearly defined criteria with the participation of the High Council of Justice, the State Judicial Administration, the High Qualification Commission of Judges of Ukraine, the Council of Judges of Ukraine, judges, NGOs, international organizations, and participants of international technical assistance projects; obtaining expert opinions
High Council of Justice
Not started
5.7
2.1.4.5.7 Revising and approving the Regulation on transparent planning and allocation of budget resources in the judicial system based on objective and clearly defined criteria, and publicizing it
High Council of Justice
Not started
6.1
ОСР
2.1.4.6.
A network of local courts has been reviewed and created, taking into account the administrative-territorial reform, the need to ensure direct access to justice, and economic feasibility
2.1.4.6.1 Preparing and publicizing an analytical report on the needs of creation, reorganization, or liquidation of local courts, taking into account the changes to the administrative-territorial system, the need to ensure access to justice and optimize state budget spending
High Council of Justice
Implementation of the measure has started on time
In progress
0%
0 /
3
0.0%
6.2
2.1.4.6.2 Discussing the conclusions and recommendations outlined in the analytical report 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
Not started
6.3
2.1.4.6.3 Drafting laws on the creation, reorganization, or liquidation of local courts, taking into account the recommendations given in the analytical report indicated in subclause 2.1.4.6.1
President of Ukraine
Not started
Problem 2.1.5.
Internal administrative processes in prosecutorial authorities are not always transparent and effective
25%
1 /
4
0.0%
1.1
ОСР
2.1.5.1.
An electronic human resources management system, a transparent and effective system for evaluating the quality of the work of prosecutors, based on the results of which personnel and management decisions are made, as well as decisions on bonuses, have been introduced
2.1.5.1.1 Developing and launching an electronic human resources management system (e-HR) of prosecutorial authorities, with an integrated system for evaluating the performance of prosecutors
Prosecutor General’s Office of Ukraine
There is no progress in the implementation of the measure
In progress
0%
0 /
2
0.0%
1.2
2.1.5.1.2 Launching a system for evaluating the performance of prosecutors based on the e-HR system
Prosecutor General’s Office of Ukraine
There is progress in the implementation of the measure
In progress
2.1
ОСР
2.1.5.2.
Amendments have been made to the Law of Ukraine On the Prosecutor’s Office; they define an exhaustive list of grounds for dismissal and termination of powers of prosecutors, including the Prosecutor General, which makes it impossible to apply them without justification
2.1.5.2.1 Analyzing the activities of the relevant authority tasked with conducting disciplinary proceedings against prosecutors
Prosecutor General’s Office of Ukraine
The measure was implemented on time and in full
Implemented
50%
1 /
2
0.0%
2.2
2.1.5.2.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend the Law of Ukraine On Prosecutorial Authorities to improve the disciplinary procedure through:
1) optimizing the grounds for disciplinary liability of prosecutors;
2) providing clear definitions of disciplinary misconduct by prosecutors and observance of the prosecutorial code of ethics by prosecutors;
3) compiling the list of specific details that must be included in a disciplinary complaint about disciplinary misconduct by a prosecutor, and implementing a mechanism for rejecting a disciplinary complaint;
4) expanding the list of disciplinary sanctions in order to make them more proportional and effective, as well as stipulating the general conditions for imposing the sanctions, and the circumstances mitigating or aggravating the liability of a prosecutor;
5) revising the exhaustive list of grounds on which prosecutors can be dismissed, the kinds of disciplinary penalties, and the term within which prosecutors can face disciplinary liability.
Prosecutor General’s Office of Ukraine
Implementation of the measure has started on time
In progress
Problem 2.1.6.
Lack of an effective model of appointment to positions, remuneration, career promotion, and review of disciplinary complaints within the system of the National Police
26.1%
6 /
23
0.0%
1.1
ОСР
2.1.6.1.
The issues of organizing the work of permanent police committees formed within the system of the National Police have been studied, and comprehensive organizational and practical measures to improve their activities have been developed and implemented
2.1.6.1.1 Arranging an analytical study focusing on the organization of workflows of permanent police committees for the entire period of their existence (until February 2022), which should specify:
1) the total number of candidates reviewed by the committees during competitive selection of police officers;
2) the number of competitive selection processes conducted among individuals appointed to junior, middle, and senior positions with the police (separately for each category of police personnel);
3) results of a sociological survey of police officers on the quality of work of police committees;
4) results of an anonymous poll of members of police committees on ways to improve their work;
5) findings of the study of the effectiveness and transparency of police committees;
6) ways to resolve the issue of budget funding of community-appointed members of committees;
7) recommendations on ways to improve the effectiveness and quality of work of police committees and the selection procedure;
8) results of a sociological survey of the public on the quality of work of police committees and the effectiveness of competitive selection procedures.
Ministry of Internal Affairs of Ukraine
The measure was implemented on time, but partially
Partially implemented
28.6%
2 /
7
0.0%
1.2
2.1.6.1.2 Holding a presentation of the report on the findings of the analytical study indicated in subclause 2.1.6.1.1, followed by its expert discussion
Ministry of Internal Affairs of Ukraine
The measure was implemented on time and in full
Implemented
1.3
2.1.6.1.3 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) stipulates that appointments to senior positions with the police, which involve performing managerial functions, shall be made exclusively on the terms of a competitive selection process;
2) defines integrity as one of the criteria to be satisfied by a police officer applying for a senior position;
3) provides for changes to be made taking into account the recommendations on ways to improve the effectiveness and quality of work of police committees and the selection procedure issued following the analytical study indicated in subclause 2.1.6.1.1.
Ministry of Internal Affairs of Ukraine
There is progress in the implementation of the measure
In progress
1.4
2.1.6.1.4 Drafting a normative legal act that would align the normative legal acts of the Ministry of Internal Affairs with the law indicated in subclause 2.1.6.1.3
Ministry of Internal Affairs of Ukraine
Not started
1.5
2.1.6.1.5 Holding a public discussion of the draft normative legal act indicated in subclause 2.1.6.1.4, and ensuring its revision (if needed)
Ministry of Internal Affairs of Ukraine
Not started
1.6
2.1.6.1.6 Approving the draft normative legal act indicated in subclause 2.1.6.1.4 and submitting it for state registration
Ministry of Internal Affairs of Ukraine
Not started
1.7
2.1.6.1.7 Supporting the state registration of the normative legal act indicated in subclause 2.1.6.1.4 and its official publication
Ministry of Internal Affairs of Ukraine
Not started
2.1
ОСР
2.1.6.2.
The practice of application of provisions of the Disciplinary Regulations of the National Police has been studied, and amendments to the Regulations have been proposed
2.1.6.2.1 Arranging an analytical study to analyze the effectiveness of application of the provisions of the Disciplinary Regulations of the National Police of Ukraine between 2018 and 2022, specifying (with data grouped separately for junior, middle, and senior positions with the police):
1) the total number of internal investigations conducted;
2) the number of recorded statements, complaints, and reports from citizens, officials, and other police officers, the mass media about offenses committed by police officers showing signs of disciplinary misconduct;
3) the number of internal investigations based on reports about violations of constitutional human and civil rights and freedoms by police officers;
4) the number of disciplinary committees that included representatives of the public;
5) the number of disciplinary sanctions imposed (broken down by kinds of sanctions);
6) a description and assessment of the most widespread problems relating to the effectiveness and transparency of the procedure by which police officers are brought to disciplinary liability;
7) the prospects of creation of a disciplinary authority having status as an interregional territorial body of the National Police;
8) recommendations on ways to improve the effectiveness and quality of the procedure of internal investigations and the independence of the work of the disciplinary committee.
Ministry of Internal Affairs of Ukraine
The measure was implemented on time and in full
Implemented
22.2%
2 /
9
0.0%
2.2
2.1.6.2.2 Holding a presentation of the report on the findings of the analytical study indicated in subclause 2.1.6.2.1, followed by its expert discussion
Ministry of Internal Affairs of Ukraine
The measure was implemented on time and in full
Implemented
2.3
2.1.6.2.3 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law providing for:
1) the creation and functioning of two types of permanent independent disciplinary committees: a) tasked with conducting internal investigations into alleged violations of constitutional human and civil rights and freedoms by police officers; b) tasked with conducting internal investigations into other disciplinary misconduct by police officers;
2) making sure that at least one half of the members of disciplinary committees conducting internal investigations into alleged violations of human and civil rights and freedoms by police officers are reputed and well-known representatives of the public and human rights organizations;
3) mandating that the number and composition of disciplinary committees of the central administrative agency of the police shall be approved by the Minister of Internal Affairs, and the number and composition of disciplinary committees of territorial (including interregional) agencies of the police shall be approved by the Chief of the National Police;
4) the right of the disciplinary committee to submit—while exercising its powers—queries to agencies (units) of the police, other government agencies, local self-government bodies, and legal entities and request materials required for the internal investigation; the timeframes, grounds, and forms of disclosure of information by agencies (units) of the police, other government agencies, local self-government bodies, and legal entities to the disciplinary committees, as well as grounds for withholding such information;
5) a ban on issuing any instructions for the disciplinary committees;
6) mandating that the conclusion of the disciplinary committee based on the findings of the internal investigation shall be approved by the chairperson of the committee;
7) obligating the supervisor of the police officer, who is authorized to impose a disciplinary penalty, to be guided by the conclusion of the disciplinary committee when deciding whether or not to impose the penalty, and where the supervisor objects to this conclusion he or she shall substantiate this decision in writing and send the conclusion and the materials of the internal investigation to the person who is authorized to approve the membership of the disciplinary committee, and this person shall decide whether or not to impose the disciplinary sanction;
8) the mechanism by which a police officer can appeal the decision to impose a disciplinary penalty on him or her;
9) the attributes and list of kinds of disciplinary misconduct by police officers, which violate constitutional human and civil rights and freedoms and for which the disciplinary committee can impose a disciplinary penalty, including dismissal from the position while remaining in the police force or dismissal from service in the police force;
10) making changes taking into account the recommendations on ways to improve the effectiveness and quality of work of police committees and the selection procedure issued based on the findings of the study indicated in subclause 2.1.6.2.1.
Ministry of Internal Affairs of Ukraine
There is progress in the implementation of the measure
In progress
2.4
2.1.6.2.4 Drafting a normative legal act that would align the normative legal acts of the Ministry of Internal Affairs with the law indicated in subclause 2.1.6.2.3
Ministry of Internal Affairs of Ukraine
Not started
2.5
2.1.6.2.5 Holding a public discussion of the draft normative legal act indicated in subclause 2.1.6.2.4, and ensuring its revision (if needed)
Ministry of Internal Affairs of Ukraine
Not started
2.6
2.1.6.2.6 Approving the draft normative legal act indicated in subclause 2.1.6.2.4 and submitting it for state registration
Ministry of Internal Affairs of Ukraine
Not started
2.7
2.1.6.2.7 Supporting the state registration of the normative legal act indicated in subclause 2.1.6.2.4
Ministry of Internal Affairs of Ukraine
Not started
2.8
2.1.6.2.8 Appointing the members of disciplinary committees mandated by the law indicated in subclause 2.1.6.2.3
Ministry of Internal Affairs of Ukraine
Not started
2.9
2.1.6.2.9 Ensuring the commencement of the work of disciplinary committees mandated by the law indicated in subclause 2.1.6.2.3
Ministry of Internal Affairs of Ukraine
Not started
3.1
ОСР
2.1.6.3.
A system for evaluating the performance of employees of the National Police as well as an electronic human resources management system have been developed
2.1.6.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law stipulating that:
1) the procedure of certification of police officers must include the mandatory evaluation of the effectiveness of police officers, and the existing criteria must be supplemented with such evaluation criteria as integrity (using the reasonable doubt approach), managerial competencies (for managers), and job performance;
2) the evaluation of a police officer’s effectiveness as part of certification shall be carried out in the electronic human resources management system (e-HR);
3) the consolidated results of evaluation of the effectiveness of police officers as part of certification shall be published on the official website of the National Police;
4) an interview as a method of evaluation of managerial competencies shall be conducted only for police officers in managerial positions by a committee at least 25 percent of whose members are representatives of the public;
5) the evaluation rating of police officers and the recommendations of the electronic evaluation system must be considered when approving managerial and staffing decisions at the National Police, including with respect to awarding additional kinds of monthly allowances, bonuses.
Ministry of Internal Affairs of Ukraine
The measure has not been implemented
Not implemented
28.6%
2 /
7
0.0%
3.2
2.1.6.3.2 Drafting normative legal acts of the Ministry of Internal Affairs needed for the implementation of the law indicated in subclause 2.1.6.3.1, stipulating that:
1) the methods of evaluation include: computer testing; evaluation using the “360 degrees method” (i.e., anonymous gathering of information about a police officer from other fellow police officers, civil servants, and employees of the police with whom this police officer interacts while performing official duties); an interview with the evaluation committee (only for managers);
2) evaluation against the criteria of integrity (using the reasonable doubt approach), professional, functional, and managerial (for managers) competencies of police officers shall be carried out as part of each evaluation method, and the criterion of a police officer’s job performance shall be evaluated using computer analysis of statistical data on each police officer;
3) during the interview (for managers), every committee member shall give a score for each criterion against which a police officer is evaluated; the interview shall be recorded on video and audio tape;
4) each evaluation committee shall have at least 25 percent of its seats filled by representatives of the public, while the other members shall be appointed from among police officers selected randomly by the electronic evaluation system among police officers with the highest rating based on the outcome of previous evaluations;
5) based on the outcome of the evaluation, each police officer shall be assigned an evaluation rating in the electronic evaluation system, which consists of: a) the overall score reflecting the degree to which the police officer fits the position held; b) the overall potential of the police officer’s professional development;
6) the evaluation rating of police officers is assigned in points using a unified software algorithm and exclusively by the electronic evaluation system based on the input of scores received by the police officer for each criterion after testing, evaluation using the “360 degrees method”, the interview (for managers only), as well as job performance data;
7) in calculating the rating, the unit weight of scores received by the police officer for each of the evaluation criteria is the same; consolidated and depersonalized rating data shall be published on the official website of the National Police;
8) based on the data gathered, the electronic evaluation system will general recommendations for each police officer regarding a specific training program to be completed at educational institutions that train police officers or at the unit where the police officer is working.
Ministry of Internal Affairs of Ukraine
Not started
3.3
2.1.6.3.3 Holding a public discussion of the draft normative legal acts of the Ministry of Internal Affairs indicated in subclause 2.1.6.3.2, and ensuring their revision (if needed)
Ministry of Internal Affairs of Ukraine
Not started
3.4
2.1.6.3.4 Approving the draft normative legal acts of the Ministry of Internal Affairs indicated in subclause 2.1.6.3.2 and submitting them for state registration
Ministry of Internal Affairs of Ukraine
Not started
3.5
2.1.6.3.5 Supporting the state registration of draft normative legal acts of the Ministry of Internal Affairs indicated in subclause 2.1.6.3.2 and their official publication
Ministry of Internal Affairs of Ukraine
Not started
3.6
2.1.6.3.6 Arranging an analytical study focused on the prospects of improvement of the staffing policy and changes in the conditions of remuneration of police officers with a view to enhancing the competitive ability of police service in the labor market, including proposals regarding the sources of funding to cover additional expenses for remuneration of police officers
Ministry of Internal Affairs of Ukraine
The measure was implemented on time, but partially
Partially implemented
3.7
2.1.6.3.7 Presenting a report on the findings of the analytical study indicated in subclause 2.1.6.3.6, conducing an expert discussion of the report, reviewing suggestions and critical comments
Ministry of Internal Affairs of Ukraine
The measure was implemented on time and in full
Implemented
Problem 2.1.7.
The need to improve the process of independent evaluation of the performance of anticorruption agencies and develop mechanisms for holding them liable
25%
1 /
4
0.0%
2.1
ОСР
2.1.7.2.
The issue of the grounds for dismissal of heads of law enforcement agencies who have been brought to administrative liability for a corruption-related administrative offense has been regulated
2.1.7.2.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law under which law enforcement officers can be dismissed following a binding court decision to hold them administratively or criminally liable for committing corruption or a corruption-related offense, which imposed a penalty or punishment on the officer in the form of a prohibition from filling positions or engaging in activities involving the performance of the functions of state or local self-government
National Agency on Corruption Prevention
Not started
0%
0 /
1
0.0%
3.1
ОСР
2.1.7.3.
An effective mechanism for conducting an independent evaluation (audit) of the performance of the National Anticorruption Bureau of Ukraine and the Specialized Anticorruption Prosecutor’s Office has been introduced
2.1.7.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to institute a periodic external independent assessment (audit) of the performance of the Specialized Anticorruption Prosecutor’s Office, which will be carried out by reputed international experts proposed by international and foreign organizations that have provided international technical assistance to Ukraine in matters of preventing and combating corruption
National Agency on Corruption Prevention
The measure was implemented on time and in full
Implemented
33.3%
1 /
3
0.0%
3.2
2.1.7.3.2 Arranging an external independent assessment (audit) of the performance of the National Anticorruption Bureau and publicizing a report on its findings at intervals prescribed by the law
Ministry of Foreign Affairs of Ukraine
Implementation of the measure has not started
Not started
3.3
2.1.7.3.3 Arranging an external independent assessment (audit) of the performance of the Specialized Anticorruption Prosecutor’s Office and publicizing a report on its findings at intervals prescribed by the law
Prosecutor General’s Office of Ukraine
Not started