Draft bill #9439 of June 29, 2023 

Cosponsors: a group of 8 MPs from the Servant of the People faction 

Status: submitted to the Verkhovna Rada 

Who is affected: residents of Ukraine, the President, the Supreme Council of Justice, the Security Service, the National Anti-Corruption Bureau, and judicial candidates 

Summary of the bill: 

  • while martial law is in effect and for a year after it ends, the President will have the power to turn down applications requesting judicial appointments without consideration if the Security Service or the National Anti-Corruption Bureau provide information that the person applying for the judicial position acted in a way that may threaten national security or the interests of the state 
  • the Supreme Council of Justice will be obliged to reconsider applications requesting judicial appointments turned down by the President. After a repeated review, the Supreme Council of Justice will have to either re-submit the application requesting a judicial appointment to the President or turn it down too. 

What is wrong:  the bill violates the Constitution: 

  • it grants the President powers beyond his mandate defined by the Constitution. The authority of the President is strictly limited and explicitly defined in the Constitution, it cannot be extended by laws or bylaws 
  • it violates the guarantees of the independence of the judiciary by allowing the President, the National Anti-Corruption Bureau, and the SSU to intervene in judicial appointments 
  • it violates the presumption of innocence by allowing to refuse applicants for judicial positions when there are only suspicions and not the proven facts that they pose a threat to national security or national interests. 

Alternative solution: 

  • to introduce restrictions on judicial appointments or appointments to other public service positions only if they are justified by facts proved in the court of law.