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 a different way. 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 Other Legislative Acts of Ukraine To Improve Judicial Career Procedures” (entered into force on December 30, 2023), which inter alia, simplified the procedure for selecting judicial candidates and passing judicial exams (the testing program has been expanded, threshold test scores have been determined, etc.). According to the information of the High Qualification Commission of Judges of Ukraine (HQCJ), the draft law was prepared with the participation of representatives of the HQCJ.
Law No. 3511-IX significantly changed the procedure for selecting judges; in particular, it abolished the selection exam stage and introduced a single stage of the qualification exam. In addition, Law No. 3511-IX stipulates that the qualification exam shall be conducted anonymously, including in the form of testing cognitive abilities, knowledge of the history of Ukrainian statehood, and general theoretical knowledge in the field of law, as well as anonymous testing and practical tasks covering one or more specializations at the candidate’s discretion. Also, Law No. 3511-IX provides that the HQCJ may decide to conduct tests to check the personal moral and psychological qualities of judicial candidates to establish their compliance with the established requirements. It obliges the HQCJ to use the results of such tests as one of the sources of information to be evaluated together with other collected information and materials regarding the judicial candidate. At the same time, the results of such tests shall be confidential, shall not be made public, and shall not affect the ranking of the judicial candidate.
To bring acts of the High Qualification Commission of Judges of Ukraine in line with the Law of Ukraine No. 3511-IX “On Amendments to the Law of Ukraine ‘On the Judiciary and the Status of Judges’ and Certain Other Legislative Acts of Ukraine To Improve Judicial Career Procedures” of December 9, 2023, which changed conceptual approaches to conducting the qualification exam, a draft Regulation on the Procedure for Conducting the Qualification Exam and the Methodology for Evaluating Candidates (hereinafter referred to as the draft Regulation) has been developed. This draft empowers the High Qualification Commission of Judges of Ukraine to appoint judges, retired judges, scholars, and/or other legal experts to the examination commission. Accordingly, practical tasks are to be evaluated by the examination commission.