Measure
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
Measure status:
Actual execution date:
09.12.2023
The measure is aimed at achieving ESR:
2.1.2.1. The High Qualification Commission of Judges of Ukraine, the High Council of Justice, together with the bodies involved in the assessment, judicial self-government bodies and the public have developed and implemented clear and predictable criteria (indicators) of integrity and professional ethics for the qualification assessment of judges and selection of new judges
Problem solving:
2.1.2. Procedures for qualification evaluation of judges and competitive selection procedures need to be improved and clear and predictable criteria (indicators) of integrity and professional ethics should be developed. Integrity and professional ethics as standard requirements for judges are not sufficiently implemented in practice, and the evaluation of conformity to these requirements is not always transparent and predictable
Deadlines:
Responsible implementors (authorities):
Sources of funding:
state budget
Volumes of financing (thousand UAH):
within the established budget allocations for the relevant year
Performance indicator:
The draft law has been submitted to the Parliament of Ukraine
In accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 1194 On Amendments to the State Anti-Corruption Programme for 2023-2025 dated 18 October 2024, the content of the measure was amended.
Implementing status
Progress/Result of implementation:
On December 9, 2023, the Verkhovna Rada of Ukraine adopted Law of Ukraine No. 3511-IX “On Amendments to the Law of Ukraine ‘On the Judiciary and the Status of Judges’ and Certain Legislative Acts of Ukraine Regarding the Improvement of Judicial Career Procedures” (Draft law No. 10140-d of December 9, 2023, was registered in the Verkhovna Rada by MPs of Ukraine). The Ministry of Justice of Ukraine has reported that on June 2, 2023, it submitted proposals in working order, as well as by letter dated November 11, 2023, No. 147967/14870-4-23/11.2.1, regarding granting the High Council of Justice the authority to approve unified criteria (indicators) for assessing the integrity and professional ethics of judges, as well as the integrity of candidates for judicial positions during all selection and evaluation procedures.
The aforementioned law introduces amendments to the Laws of Ukraine, “On the Judiciary and the Status of Judges” and “On the High Council of Justice,” which stipulate that the High Council of Justice shall approve unified indicators for assessing the integrity and professional ethics of judges (candidates for judicial positions) following consultations with the High Qualification Commission of Judges of Ukraine, the Council of Judges of Ukraine, and the Public Integrity Council (paragraph 20-4, part 1, Article 3 of the Law of Ukraine “On the High Council of Justice,” part 6, Article 83 of the Law of Ukraine “On the Judiciary and the Status of Judges”).