$1.1 billion from the IMF at risk: MPs support the draft law on a politicized administrative court

232 votes in favor. That’s how many MPs backed the disastrous draft law No. 12368-1 on January 9, which proposes a politically controlled court in place of the odious District Administrative Court of Kyiv. With this decision, the Verkhovna Rada has jeopardized Ukraine’s European integration and the receipt of $1.1 billion in assistance from the International Monetary Fund (IMF). At the same time, MPs rejected another harmful draft law proposed by the Cabinet of Ministers. Draft law No. 12368-1 was initiated by Serhiy Vlasenko from the Batkivshchyna party.

What Does the IMF Require?

The IMF insists on:

• The creation of a specialized administrative court to protect citizens and businesses from unlawful acts by central authorities, such as the Cabinet of Ministers of Ukraine, ministries, and the National Bank. This court would also handle appeals against the selection results of key anti-corruption officials, including the head of the Specialized Anti-Corruption Prosecutor’s Office (SAPO), directors of the National Anti-Corruption Bureau (NABU) and the Bureau of Economic Security (BEB), and the head of the National Agency for Corruption Prevention (NACP).
• A transparent judicial selection process involving independent international experts with a casting (prevailing) vote or a commission composed entirely of independent international experts. The effectiveness of this model has already been demonstrated in the selection process for the High Anti-Corruption Court, where the Public Council of International Experts (PCIE) played a crucial role.
• Integrity checks for judicial candidates to ensure their suitability for the role.

What does Serhiy Vlasenko propose in draft law No. 12368-1?

The draft law does not provide for the creation of a new administrative court or the involvement of independent experts in the selection process. Instead, it proposes the formation of two administrative courts, with selection procedures identical to those of ordinary local courts. This would result in politically controlled courts that execute the will of the authorities instead of ensuring judicial independence.

Serhiy Vlasenko has a well-documented record of opposing judicial reforms. DEJURE Foundation reminds that he, alongside fellow party members and the pro-Russian OPZZh (Opposition Platform – For Life), recently submitted to the Constitutional Court to eliminate the involvement of international experts in all selection commissions for judges and top public officials. Notably, this demand was echoed by Putin in his statements at the beginning of the full-scale invasion.

“The situation is deeply concerning: the Ukrainian government at all levels is signalling a rejection of international expert involvement in judicial selection. This will inevitably lead to a return to the era of Portnov, Vovk, Lvov, and others, ultimately dismantling judicial reform and blocking Ukraine’s European integration,” said Mykhailo Zhernakov, Executive Director of DEJURE Foundation.

Both the Constitutional Court submission and the support for draft law No. 12368-1 directly undermine judicial reform, European integration, and IMF assistance. A crucial question remains for the MPs who voted for this draft law: whose interests are they protecting — Ukraine’s or the enemy’s?

Experts from DEJURE Foundation have repeatedly emphasized that alternative selection commission formats for government bodies, including courts, have proven to be relatively ineffective. Therefore, ensuring real independence for the High Administrative Court is only possible through a selection model exclusively composed of international experts (such as the PCIE model).

DEJURE Foundation urges MPs to reject draft law No. 12368-1 in the second reading and to develop a new draft law that meets the requirements of international partners.