Draft bill #11425 of July 22, 2024 

Cosponsors: 8 MPs from the factions Servant of the People and Holos and the Restoration of Ukraine group with Denys Maslov as the first signatory 

Status: sent for review to the Committee on Legal Policy 

Who is affected: High Qualification Commission of Judges of Ukraine (HQCJ) and candidates for the position of a judge 

Summary: 

  • to successfully pass the qualification exam, a candidate for the position of a judge will have to: 
    • score at least 75% points in the history of Ukrainian statehood, law, and each specialization of the court 
    • score at least 75% points on each practical task 
    • successfully pass testing of cognitive abilities, i.e., score average or higher. 
  • HQCJ will be required to publish the exam curriculum and a list of test questions on its official website at least 30 days before the qualification exam. This requirement will not apply to cognitive abilities testing 
  • HQCJ will establish the passing score for the qualification exam without considering the results of testing of cognitive abilities. 

Why this is important: in autumn 2023, HQCJ announced a competition for more than 500 vacant positions at appeal courts. However, as of today, no judge has been appointed. The issue of selecting and appointing judges is especially pressing because of a shortage of judges, which leads to delays in case hearings. 

What is right: the bill ranges the priority of testing and test results. Testing of the cognitive abilities of candidates for the position of a judge is quite problematic since currently there are no clear requirements or timelines for developing tests and conducting this testing. As a result, candidates lack preparation time and skills to take such tests. 

What is wrong: the unclear procedure for conducting testing of cognitive abilities and the lack of developed tests significantly hinder the process of the appointment of judges. Cognitive testing during the selection of judges should not be included in the overall evaluation of the candidate, as professional skills, knowledge of legislation, and ethical integrity of the candidate are more important. 

Alternative solution: to exclude testing of cognitive abilities for candidates for the position of a judge from the list of the mandatory testing curriculum. 

How to help the legislator: proposals concerning the draft bill can be sent to the Committee of the Verkhovna Rada on Legal Policy. 

Additional information: an interview with Ruslan Sydorovych for the #ukrstateunderconstruction: High Qualification Commission of Judges — the HR agency of the judiciary.