Only One Month Left in the Tenure of International Experts Critical to Reform
By June 1, the tenure of international experts in the Selection Commission for appointing members of the High Qualification Commission of Judges (HQCJ) will expire. Once they leave, odious domestic institutions will appoint their own representatives to the Commission — a move that would, without exaggeration, mark the collapse of the judicial reform.
Who will replace the international experts?
First, the scandalous Council of Judges, known for shielding low-integrity judges and nominating similarly low-integrity candidates to selection bodies. Since 2019, it has been headed by Bohdan Monich, an ally of Pavlo Vovk, Andriy Portnov, and Andriy Bohdan.
Second, the Ukrainian Bar Council, headed by Lidiia Izovitova, a long-time associate of pro-Russian politician Viktor Medvedchuk. It’s not hard to predict the kind of nominees this body will submit — an institution ruled by the same person for over a decade, where any criticism or hint at reform is met with punishment.
Two other institutions that will be allowed to delegate members are the unreformed National Academy of Legal Sciences and the Council of Prosecutors. Without international experts in the Selection Commission, the majority of its members will be drawn from the old corrupt elite — the very forces pushing Ukraine back to the Yanukovych era.
This will destroy the fragile reform-oriented majority in the HQCJ, as politically connected or reputationally compromised candidates are appointed. If such candidates enter the HQCJ without any international oversight, the progress made will be erased, and future selection processes will be doomed.
Currently, there is already one vacancy in the HQCJ. Given the criminal proceedings against Volodymyr Luhanskyi, another one may soon appear. Meanwhile, the State Bureau of Investigation (SBI) is escalating pressure on the HQCJ by launching more criminal cases. Should additional vacancies arise, and international experts no longer be involved, the judicial mafia will regain control of the HQCJ, and from there, it will appoint 2,500 judges across Ukraine to lifetime positions.
Can the situation still be saved?
Yes. It is still possible to extend the mandate of the Selection Commission with international experts. However, the authorities appear unwilling to do so: there is no draft law in Parliament to that effect.
The DEJURE Foundation calls on Members of Parliament to submit the necessary legislation. Failing to act would result in a major setback for Ukraine’s judicial reform, both in terms of cleaning up the judiciary and building a system based on fairness and integrity.
