Draft bill #12368-1 of January 7, 2025 

Status: adopted, awaits to be signed by the Speaker 

Who is affected: courts, judges, the Cabinet of Ministers and ministries, the National Anti-Corruption Bureau, the National Agency on Corruption Prevention, the Antimonopoly Committee, the Specialized Anti-Corruption Prosecutor’s Office, the Council of Judges of Ukraine, and the High Qualification Commission of Judges (hereinafter — HQCJ) 

Summary: 

  • the Specialized District Administrative Court will be established to consider cases concerning: 
    • appeals against acts, actions, or inactions of central executive bodies, including the Cabinet, ministries, and the National Bank 
    • state regulation in the media sector 
    • registration of political parties 
    • the work of anti-corruption agencies and the Antimonopoly Committee of Ukraine 
    • state funding of political parties
  • the Specialized Appellate Administrative Court will be established to review decisions of the Specialized District Administrative Court 
  • the HQCJ will announce a competition for the positions of judges of the new courts within a month after the law comes into effect 
  • the HQCJ will create the Expert Council for conducting the competition, which will be its auxiliary and advisory body and will operate for 3 years 
  • the Expert Council will consist of 6 members: 
    • 3 nominated by the Council of Judges of Ukraine 
    • 3 nominated by international and foreign organizations 
  • the Public Integrity Council will not be involved during the operation of the Expert Council 
  • newly established courts will begin operations when at least half of the judges are appointed following the competition. 

What is right: the implementation of the bill will ensure the fulfillment of Ukraine’s international obligations. Within the framework of the Memorandum on Economic and Financial Policy, Ukraine committed to adopting a law by December 31, 2024, for the establishment of the High Specialized Court (trial and appellate), which will consider administrative cases against central executive bodies (the National Bank, the National Anticorruption Bureau, and the National Agency on Corruption Prevention). 

The establishment of such a court is also provided for in the Ukraine Facility Plan for 2024—2027. 

What is wrong: 

  • the establishment of new courts without a clear strategy for reforming the judicial system may lead to duplication of functions and their ineffectiveness 
  • the bill does not specify the sources of funding for the new specialized courts. Since local and appellate courts are funded by the State Judicial Administration, there is a risk that this body will have influence over the work of specialized courts 
  • the draft bill does not define the procedures for the Expert Council, which may lead to the adoption of non-transparent rules and procedures that allow manipulation of its work 
  • the new courts will not hear complaints against the decisions of the High Council of Justice and the High Qualification Commission of Judges. 

Alternative solution: 

  • to develop a comprehensive approach to judicial reform rather than introduce fragmentary changes 
  • to ensure financial autonomy and independence, it would be advisable to create a single administrative court, where judges are selected with the participation of the Public Council of International Experts 
  • to include in the bill a clear procedure regulating the work of the Expert Council, defining the powers, rights, and duties of council members, and establishing decision-making procedures, including quorum, voting, and appeals against its decisions. It is also advisable to regulate the procedures for its meetings, protocols, and information disclosure. 

Additional information: 

Ok, So What? podcast, ep. 124: Ukraine will not be accepted into the EU without the judicial reform