Is political influence on judiciary making a comeback? The Verkhovna Rada is going to vote on a draft law that will make judges dependent on the Office of the President

The Verkhovna Rada is set to vote on a contentious draft law No. 9439 on Thursday, May 9. This draft law aims to reintroduce the influence of the Office of the President in the judicial appointment process, a move that has raised significant concerns about the independence of the judiciary.

Under the terms of the draft law, during martial law, the President could reject candidates for judicial appointments based on “compromising information” provided by the Security Service of Ukraine (SBU) or the National Anti-Corruption Bureau of Ukraine (NABU). Critically, the draft does not require the disclosure of this compromising information or its verification, which could lead to opaque decision-making processes.

Supposedly, the High Council of Justice (HCJ) and the High Qualification Commission of Judges (HQCJ) should eliminate unqualified candidates early in the selection process, making any additional checks by the President unnecessary and potentially harmful. If any security threats are identified by the SBU, the HQCJ should be informed about them during the preliminary selection stages.

The draft law appears to be a step backwards from the judicial reforms of 2016, which aimed to limit the President’s role in judicial appointments to a ceremonial one — a change that was supported by the Venice Commission and seen as a key achievement in enhancing judicial independence.

The timing of this legislation is also telling, as it coincides with a significant judicial selection process, including the appointment of judges to first and appellate instance courts, involving nearly a thousand positions, and the High Anti-Corruption Court (HACC). The law could potentially allow for the exclusion of candidates unfavourable to the Office of the President, even after they have passed vetting that includes international experts.

We urge the MPs to oppose draft law No. 9439, ensuring that the judiciary remains free from political manipulation and serves the interests of justice impartially and transparently.