Draft bill #5456-д of March 16, 2023 

Status: adopted in the second reading, awaits to be signed by the President 

Who is affected: judges, judges of the Supreme Court, the Supreme Court of Ukraine, higher specialized courts, members of the High Council of Justice and the High Qualification Commission of Judges 

Summary: 

  • the Supreme Court of Ukraine will not be liquidated. Instead, it will be renamed the Supreme Court 
  • judges of the Supreme Court of Ukraine will perform their duties as judges of the Supreme Court. Staff of the Supreme Court of Ukraine, whose powers have not been terminated, will have the option to be transferred to the Supreme Court apparatus without competition 
  • judges of the Supreme Court of Ukraine, who are transferred to the Supreme Court, will be evaluated by the High Qualification Commission of Judges (HQCJ): whether they meet the criteria for qualifications, professional ethics, and integrity. The Public Integrity Council will assist the HQCJ in checking the integrity and professional ethics of the judges; judges of higher specialized courts (courts that existed before 2017) will have the option to be transferred without competition to any appeal or local court, regardless of whether there are vacant positions there. Judges who do not submit an application for a transfer may still be transferred to the appeal court if there is a vacant position there. Judges refusing to be transferred will be dismissed. Such judges are guaranteed a monthly lifetime cash maintenance. The decision on the transfer will be made by the High Council of Justice without recommendations from the HQCJ 
  • judges of higher specialized courts, who will be transferred to other courts, will be evaluated by the HQCJ for suitability for the position primarily by criteria of qualifications, professional ethics, and integrity  
  • the provision granting higher lifetime payments to the judges who passed the qualification assessment than those who did not undergo such assessment will be removed. 

What is right:  

  • the bill implements the decision of the Constitutional Court. Although the Constitutional Court’s decisions are final, the relevant changes have not been made to the current legislation and this could cause legal collisions 
  • the bill will resolve the issue of legal uncertainty when judges of the Supreme Court of Ukraine and higher specialized courts work and receive rewards, but do not administer justice. 

What is wrong: 

  • the Constitutional Court issued its decision back in February 2020. MPs decided to adjust the laws in accordance with the Constitution only now. 

Why this is important: 

  • in 2020, the Constitutional Court ruled the liquidation of the Supreme Court of Ukraine and the higher specialized courts unconstitutional and indicated that the Supreme Court of Ukraine was not abolished, but renamed. Such renaming could not take place without transferring the judges of this court to the positions of the Supreme Court. The reduction of the lifetime payments amount was also ruled unconstitutional by the Constitutional Court 
  • despite the liquidation, judges of the Supreme Court of Ukraine and higher specialized courts continue to work and receive rewards but do not administer justice. 

Additional information: 

Interview with Ruslan Sydorovych for the #ukrstateunderconstruction: High Qualification Commission of Judges — the HR agency of the judiciary 

Article by Yuliia Pietsko: How the Supreme Court can overcome corruption and not become a politicians’ puppet