Draft bill #12206 of November 14, 2024 

Cosponsors: 2 MPs from the Servant of the People faction with Andrii Motovylovets as the first signatory 

Status: sent for review to the Committee on Legal Policy 

Who is affected: administrative courts and the High Qualification Commission of Judges 

Summary: 

  • the High Court for Public Law Disputes (hereinafter — HCPLD) will be created 
  • to become a judge of the HCPLD, a person will have to: 
    • meet the requirements for candidates for the position of a judge 
    • successfully pass the qualification assessment
    • have the knowledge and skills necessary to judge administrative cases 
  • a judge of the HCPLD will also have to meet one of the following requirements: 
    • have at least five years of experience as a judge 
    • have at least seven years of experience in the legal field working in state bodies 
    • have a law degree and at least seven years of experience of scientific work in the field of law 
    • have at least seven years of experience as a lawyer in court cases (including administrative cases) 
    • have at least seven years of experience in any of the areas mentioned above 
  • a person will not be allowed to become a judge of the High Court for Public Law Disputes if: 
    • they have been part of the governing bodies of a political party within the last five years 
    • information about them is included in the Unified State Register of Individuals Who Committed Corruption or Corruption-Related Offenses 
  • the transfer of judges to this court will be prohibited, including both permanent and temporary assignments 
  • the competition for positions of judges at the HCPLD will be announced and conducted by the High Qualification Commission of Judges (HQCJ) within 18 months after the law comes into effect 
  • for three years after the law comes into effect, an Expert Council will work to help the HQCJ assess candidates’ integrity 
  • the Public Integrity Council will also be involved in checking candidates, but only after the Expert Council’s work ends. The Expert Council will include: 
    • three members nominated by the Council of Judges of Ukraine 
    • three members nominated by international and foreign organizations that have provided Ukraine with international technical assistance in judicial reform and/or combating corruption during the last five years 
  • the Expert Council will start its work after the appointment of at least four out of six members, with two members being recommended by international organizations 
  • to adopt a decision, the Expert Council will have to support it with at least four votes in favor 
  • as a trial court, the HCPLD will have the authority to judge cases concerning: 
    • appeals against decisions, actions, or inaction of higher government bodies, such as the Cabinet of Ministers, ministries, the National Bank, or other national state bodies 
    • appeals against decisions by the Antimonopoly Committee of Ukraine 
    • appeals against decisions by the National Agency for Corruption Prevention (NACP) regarding the refusal or termination of public funding for political parties 
    • annulment of political party registration certificates 
    • appeals against decisions of committees selecting the Head of NABU, Head and deputy heads of the Specialized Anti-Corruption Prosecutor’s Office, and heads of NACP and ARMA 
    • appeals against acts, actions, or inaction of the body conducting disciplinary proceedings against prosecutors 
  • administrative cases with Ukrainian diplomatic or consular representations as defendants will be reviewed by the district administrative court with territorial jurisdiction over Kyiv 
  • cases in trial courts and appellate courts opened before the HCPLD starts operating will be reviewed under the old procedures 
  • appeals filed in court but not yet opened before the HCPLD is created will be transferred to it within three days after the court starts operating. 

What is right: 

  • the workload for other administrative courts will be reduced 
  • the right to a fair trial will be ensured, which includes resolution of the case within a reasonable time (Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms). 

What is wrong:  the bill establishes a separate selection procedure for the HCPLD. The selection of judges of the HCPLD should adhere to the general provisions of the Law on the Judiciary and Status of Judges: the selection procedures are already defined. The introduction of separate procedures for different courts complicates the functioning of the system and public understanding of how it operates. 

Alternative solution: to extend the competitive selection for judges of the HCPLD to the higher specialized court judges. 

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

Background information: On December 13, 2022, the Verkhovna Rada adopted a law dissolving the District Administrative Court of Kyiv City and creating the Kyiv City District Administrative Court. Unresolved cases were transferred from the abolished court to the Kyiv City District Administrative Court, which also started judging new cases. As a result, the workload of the judges increased, complicating the court’s operations and causing delays in proceedings. 

What’s next: after the complete adoption of this draft bill, according to Article 125 of the Constitution, the President, after consultations with the High Council of Justice, must submit to the Verkhovna Rada a draft bill for the creation of the High Court for Public Law Disputes. 

Additional information: article by Oleh Savychuk: To dissolve or not to dissolve: what the president should do with the DACKC