Direction 2.1.
Fair courts, prosecutorial and law enforcement authorities
65.2%
15 /
23
0.0%
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
65.2%
15 /
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
100%
7 /
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 was not implemented on time and in full
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
The measure was implemented late and partially
Partially implemented
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
The measure has not been implemented
Not implemented
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
Implementation of the measure has started on time
In progress
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
42.9%
3 /
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 was not implemented on time and in full
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 was not implemented on time and in full
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
The measure has not been implemented
Not implemented
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
71.4%
5 /
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 was implemented late and partially
Partially 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 was implemented late and partially
Partially 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 was implemented late and partially
Partially implemented