Draft bill #10140-д of November 17, 2023
Status: adopted, awaits to be signed by the President
Who is affected: judges, courts, the High Council of Justice (HCJ), the High Qualification Commission of Judges (HQCJ), and the Public Integrity Council (PIC)
Summary: current judicial career-related regulations will be simplified.
Selection procedure for a local court judge
- the selection procedure for a local court judge position will include the following stages:
- announcement of the competition for the position by the HQCJ
- submission of applications and documents by candidates
- candidates’ admission to the competition
- qualification exam
- special background check
- check of personal moral and psychological qualities of candidates (if the HQCJ decides it is necessary)
- approval of the rating of candidates
- inclusion of candidates in the reserve to fill in vacant positions of local court judges
- the transparency of the candidate selection for the position of local court judge will be ensured by the HQCJ
- the bill defines the criteria for the evaluation of the integrity and competence of judicial candidates
- the HCJ will approve the unified criteria for evaluating the integrity and professional ethics of a judicial candidate after consultations with the HQCJ, the Council of Judges of Ukraine, and the PIC
- the selection procedure will be optimized:
- there will be no selection exam
- special training will be replaced with initial training for a period not exceeding two months. The initial training will start only after the candidate is appointed to the position
- special background check will be carried out after the qualification exam
- under the new procedure, the qualification exam will consist of tests on cognitive abilities, the history of Ukrainian statehood, general knowledge of law, tests and practical tasks covering all legal specializations: administrative, economic, and general (civil and criminal) law
- HQCJ will only approve the general exam program
- besides passing the qualification exam, a candidate will have to score at least 75% of the maximum grade on each test and practical task. The HQCJ will additionally set a passing grade that must be scored for admission to the next stage
- a person who has successfully passed the qualification exam but failed to get a passing grade and was turned down will be allowed to take a new exam or use their scores in the next selection announced within two years
- a person will be kept in reserve for two years. During this time, the person will have to submit asset declarations. The HQCJ will have the power to prolong the stay in reserve for no more than one year
- if candidates’ scores are equal, a person with more working experience in the field of law will have an advantage
- the HQCJ will have the right to refuse to give a recommendation for the appointment of a judge if there is reasonable doubt about the candidate’s integrity
- the HCJ will have the right to refuse to transfer a judge based on the competition results only if the judge has an unfulfilled disciplinary sanction
- members of the PIC will have access to judicial files
- if the PIC issues a negative conclusion about the candidate, the HQCJ will need the support of at least 2/3 of the appointed members of the Commission (but not less than 9 votes) to appoint such a candidate to a judicial position
- Commission members’ individual votes will be published as a part of a decision by the HQCJ.
Transitional provisions
- the HCJ will evaluate whether the judge’s qualifications are adequate for his or her position. Judges will be dismissed after their appointment term ends. After that, they will be appointed or transferred to a new court provided they successfully pass the evaluation test
- initial qualification evaluations initiated under the Law on Ensuring the Right to a Fair Trial and not completed on the day the draft bill comes into effect will be completed by the collegiums of the HCJ
- the HCJ will complete competitions for vacant judicial positions in appeal courts, announced by the Commission’s decision of September 14, 2023, 94/зп-23, according to the rules effective after the draft bill comes into force
- the HCJ will complete competitions for vacant judicial positions in local courts, announced by the decision of the Commission, under the rules that were in effect on the day the competition began
- competitively appointed judges will not be required to undergo initial training at the National School of Judges of Ukraine and will be recognized as judges after being included in the staff of the relevant court and taking the judicial oath
- judges approved by the HCJ after the competition for vacant judicial positions in local courts, announced by the Commission’s decision of September 14, 2023, 95/зп-23, will be excluded from the reserve.
What is right:
- the bill significantly simplifies the existing judicial career-related regulations and adapts them to current requirements and challenges
- it will be easier to fill in the vacant judicial positions. Currently, there are 2,079 vacant judicial positions
- a unified competitive procedure for both judicial candidates and judges who intend to transfer to another local court will be ensured
- the bill fulfills one of the requirements of the Memorandum between Ukraine and the European Union on macro-financial assistance worth EUR 18 billion.
Background information:
On June 30, 2023, a presidential decree enacting the decision of the National Security and Defense Council of Ukraine of June 23, 2023, On Accelerating Judicial Reform and Overcoming Corruption in the Judiciary System came into effect. This decree ordered the Parliament to prepare amendments to laws regarding effective and transparent qualification evaluation of judges and the possibility of introducing periodic psychological lie detector testing of judges.
Additional information:
Ok, So What? podcast, ep. 116: Against the Constitution and common sense: Zelensky interferes in the work of judges
Ok, So What? podcast, ep. 129: 2k vacant positions: how will new judges be selected?