Measure
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
Measure status:
Actual execution date:
31.12.2023
The measure is aimed at achieving ESR:
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
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 act has been developed.
Implementing status
Progress/Result of implementation:
The measure was implemented in another way. On December 09, 2023, the Verkhovna Rada of Ukraine adopted the 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 on Improving the Procedures for Judicial Career, which came into force on December 30, 2023. The Law, in particular, simplified the procedure for selecting candidates for the position of a judge and passing examinations (expanded the testing programme, determined the threshold test scores, etc.) According to the High Qualification Commission of Judges of Ukraine, the draft law was prepared with the participation of representatives of the High Qualification Commission of Judges of Ukraine.
The Law No. 3511-IX significantly changed the procedure for the selection of judges, in particular, it cancelled the selection exam stage and introduced the single qualification exam stage. In addition, the Law No. 3511-IX stipulates that the qualification exam shall be conducted in the form of anonymous testing of cognitive abilities, history of Ukrainian statehood, general theoretical knowledge of the law, as well as anonymous testing and a practical task in one or more specialisations of choice. The Law No. 3511-IX also stipulates that in order to establish the compliance of candidates for the position of a judge with the prescribed requirements, the High Qualification Commission of Judges of Ukraine may decide to conduct tests to verify the personal moral and psychological qualities of such candidates. It is provided that the High Qualification Commission of Judges of Ukraine uses the results of such tests as one of the sources of information to be evaluated along with other collected information and materials on the candidate for the position of a judge. At the same time, the results of such tests are confidential, are not made public and do not affect the rating of a candidate for the position of a judge.
The possibility for the High Qualification Commission of Judges of Ukraine to involve specialists in the assessment of practical tasks is provided for by the current acts of the High Qualification Commission of Judges of Ukraine (clause 8 of Section V of the Regulation on the Qualification Exam and Methodology for Assessing Candidates for the Position of a Judge, approved by the decision of the High Qualification Commission of Judges of Ukraine on October 3, 2018, No. 211/zp-18; clause 9 of Section V of the Procedure for Conducting the Exam and Methodology for Establishing its Results in the Qualification Assessment Procedure, approved by the decision of the High Qualification Commission of Judges of Ukraine on November 4, 2016 No. 144/zp-16).