Rada continues reform of judiciary system

Ukraine’s parliament voted on July 13 again on bill
#3711 making amendments to judicial legislation that will re-establish the High
Qualification Commission of Judges (HQCJ), the body that will qualify
candidates for judges. The bill, voted on June 29,
was vetoed by the president due to technical mistakes.

The bill stipulates that all 16 members of the HQCJ
will be selected by a special commission. The initial composition of the
commission will be three appointees from the council of judges and three
independent experts offered by Ukraine’s western partners. The independent
members will have a decisive role in the selection process.

Also, the parliament approved on July 14 another
important law on judiciary system reform, #5068, which regulates the
appointment of the members of the High Council of Justice (HCJ), the highest
body in the judiciary branch of power. The approval of such a law, which must
ensure that the council’s members have “impeccable reputation and integrity” is
one of the structural benchmarks listed in the latest memorandum with the IMF.
According to media reports, the law stipulates that the first commission to
select members of the HCJ will be created on the same principles as the
commission to select HQCJ (namely, there will be six commission members, of
which three to be appointed by Ukraine’s Western partners and will have
decisive power).

Alexander Paraschiy: It seems
that bill #5068 has been approved in the form that is agreed upon with the IMF,
which will allow Ukraine to fulfil one of the strongest commitments to the fund
and allow for a successful review of the Stand-By program.

Needless to say, such changes will give an
opportunity to Ukraine to significantly improve the judiciary system by filling
vacant judges positions with persons of good reputation, as well as disqualify some
odious judges. This is a long and involved process with a variety of interests
wanting to derail the process. As these interests reside both among the judges
and in other branches of government, the threats to the process are present
among those engaging in the reform. Clearly, for this to succeed, external
observation will be required.