“Don’t Touch the Supreme Court”: MPs Push Forward Draft Law 13165-2 - 6B565
Back

“Don’t Touch the Supreme Court”: MPs Push Forward Draft Law 13165-2

Ukrainian MPs are trying to shield Supreme Court (SC) judges from scrutiny. The Verkhovna Rada’s Legal Committee has supported draft law 13165-2 — a version even worse than its predecessors 13165 and 13165-1. Experts from the DEJURE Foundation previously emphasised that this new initiative merely imitates integrity checks for SC judges rather than creating a genuine mechanism to clean up the court.

The new version was introduced by Ivan Kalaur, an MP from the Sluha Narodu party and deputy chair of the Parliamentary Legal Committee. This draft not only excludes Supreme Court judges from any screening, but also limits the timeframe for verifying declarations to just the latest reporting period — essentially, a single year. This approach blocks any real renewal of the highest judicial body and threatens Ukraine’s international commitments, EU integration prospects, and rule of law development.

Draft law 13165-2, which may be voted on in Parliament in the coming days, fails to meet the requirements of the €50 billion Ukraine Facility support programme. Under this programme, Ukraine is expected to improve the system for verifying judges’ integrity declarations by Q2 2025, including clarifying their scope, extending the review period, and strengthening verification mechanisms. The programme also states that these changes are necessary to address corruption risks within the Supreme Court and to improve the selection of new judges “with the involvement of independent experts.” However, it provides no clear definition of “independent experts.”

This ambiguity allows the government to present reform rollbacks as progress. In all previous EU-related agreements, “independent experts” clearly referred to international experts. Nevertheless, in draft law 13165, MPs chose to neutralise one of the most effective tools of judicial reform by replacing international experts with the Public Integrity Council, whose role is merely consultative. In draft 13165-2, even this limited model is abandoned altogether.

DEJURE Foundation has repeatedly stated that Supreme Court judges must be vetted by a commission that includes international experts, such as the Public Council of International Experts (PCIE). Composed solely of representatives nominated by international donors, the PCIE proved highly effective during the 2018 selection of judges for the High Anti-Corruption Court.

True reform of the Supreme Court is only possible with the involvement of both civil society and international experts, and through comprehensive vetting that covers the entire professional history of sitting judges and candidates, not just their recent activity. The full scope of problems within the Supreme Court is laid out in the investigative project “The Supreme Court Unmasked: Corruption, Opposing Reforms, and Russian Passports.”

We call for draft law 13165-2 to be revised to include a credible integrity screening mechanism for current Supreme Court judges. This must involve mandatory vetting based on declarations of integrity, with the participation of international experts and coverage of the entire lifetime of each judge, in order to eliminate corruption risks and restore public trust in justice.

Other news
To the section
The Committee recommended adopting an even worse draft law than the one criticised by the Venice Commission
The Committee recommended adopting an even worse draft law than the one criticised by the Venice Commission

On 30 September, the Verkhovna Rada Committee on Legal Policy recommended that Parliament adopt, as a basis, draft law No. 16018 on competitions for the High Qualifications Commission of Judges and the High Council of Justice. The authors of the draft law are Volodymyr Vatras, Ivan Kalaur and Mykola...

Venice Commission has criticised the government’s model of selection to the HQCJ
Venice Commission has criticised the government’s model of selection to the HQCJ

The High Qualifications Commission of Judges (HQCJ) selects candidates for judicial positions and evaluates sitting judges. Its decisions determine who will work in Ukrainian courts. That is why it is crucial who selects the members of the HQCJ itself, and under what rules. In 2027, almost the entir...

€286 million for a “reform” that helps judges avoid accountability?
€286 million for a “reform” that helps judges avoid accountability?

The EU is about to pay Ukraine €3 billion for 10 implemented reforms. One of them is an updated review of judges’ integrity declarations. That one alone carries a payment of €286 million. According to European Pravda, the European Commission is proposing to disburse the funds to Ukraine un...

Special by topic
To the section
Supreme Court Unmasked: Corruption, Opposing Reforms and Russian Passports
Judicial reform roadmap