DACK 2.0: Maslov’s committee pushes the draft law for a new politicized court

On November 29, Ukraine’s Parliamentary Legal Committee recommended draft law No. 12206-2, foreseeing the creation of the High Administrative Court (HACU), for a vote in parliament this week. This draft law undermines the idea of an independent judiciary, instead laying the groundwork for a new, politically controlled court to replace the liquidated and odious District Administrative Court of Kyiv (DACK).

The bill is full of flaws. Particularly, it suggests that the Expert Council becomes an auxiliary body to the High Qualification Commission of Judges (HQCJ) in selecting judges for the new court. This Council would consist of three international experts and three Ukrainian representatives appointed by the scandalous Council of Judges, led by Bohdan Monich. Monich is associated with Pavlo Vovk, the former head of the DACK, and Andriy Portnov, a close ally of former President Yanukovych. This structure would severely compromise the Council’s independence, as international experts would be unable to question a judicial candidate’s integrity without the support of a Ukrainian member of the Council.

The outlined procedures prevent the Expert Council from conducting independent interviews with judicial candidates, fail to ensure adequate access to candidate information, and lack provisions for public discussions, the publication of tasks, and evaluation results. As a result, the process will remain closed and tightly controlled. Ultimately, the new court will have a new name, while its essence will mirror that of the old DACK.

The High Administrative Court was expected to handle high-profile cases against central government bodies, the Verkhovna Rada, and the President — cases requiring professionalism, integrity, and independence. However, the draft law significantly narrows the court’s jurisdiction, excluding key categories of disputes currently handled by the Supreme Court.

Earlier in November, two alternative versions of the HACU draft laws were submitted to parliament — No. 12206 by MPs and No. 12206-1 by the Cabinet of Ministers. Like draft law No. 12206-2, these draft laws are equally harmful and dangerous. The latest and most problematic version was registered by the  Legal Committee head, Denys Maslov, on the final day for submitting alternative draft laws.

DEJURE Foundation emphasizes that establishing the High Administrative Court is a demand of the International Monetary Fund (IMF) and the European Union (EU), with a deadline set for the end of 2024. The new court is intended to handle administrative cases involving national-level government bodies, replacing the DACK. However, in its current form, the proposed court fails to meet Ukraine’s international commitments, jeopardizing European integration prospects.