The draft law 3711-д in its current version is a catastrophe for judicial reform, – statement of the leading NGOs
The leading NGOs urge the Parliament not to adopt the draft law 3711-д on re-launching the High Qualification Commission of Judges (HQCJ) in its current version, as the selection of more than 2,000 judges and the integrity checks of another 2,000 incumbent judges across Ukraine will be led by an unreformed and thoroughly corrupt High Council of Justice, controlled by the odious Pavlo Vovk.
In March 2021, the Parliament adopted in the first reading the draft law 3711-д on the formation of the HQCJ – the body that will be responsible for the selection of more than 2,000 judges for vacant positions in courts throughout Ukraine. The same number of incumbent judges are awaiting integrity checks. At the conciliation council on May 31, the head of the Parliamentary Legal Committee Andriy Kostin stated that the draft law 3711-д is “ready to be considered by in the Parliament”.
In the current version, the key influence on the formation of the HQCJ is de facto given to the unreformed, corrupt High Council of Justice (HCJ): it is provided that it will be the HCJ that will make the final decision on who will join the HQCJ. The draft law 3711-д completely eliminates the role of international experts in the selection of HQCJ members. This contradicts both the recommendations of the Venice Commission and Ukraine’s agreements with international partners – the EU and the US. It also puts at risk funding from the IMF.
The problem can be solved if the MPs support two amendments – № 451 and № 453.
Amendment № 451 stipulates that the final composition of the HQCJ will be determined by a Selection Commission and not by the unreformed High Council of Justice. In this way, there is a chance to get a decent and independent HQCJ that can select 2,000 decent judges.
Amendment № 453 stipulates that independent international experts will have a casting vote in the selection of the HQCJ members. This mechanism worked well during the selection of HACC judges.
If both amendments are adopted, Ukraine will have a chance for a real judicial reform. By failing to support these amendments and adopting the current version of draft law 3711-д will lead to the complete collapse of the judicial reform initiated by President Zelensky.
In this regard, the leading NGOs call on MPs to support amendments № 451 and № 453 to draft law 3711-д and to ensure the start of real judicial reform instead of subordinating the remnants of Ukraine’s judiciary to the corrupt judicial corporation.
DEJURE Foundation
Anti-Corruption Action Center
Automaidan
Information:
- Regarding the current version of draft law 3711-д:
The members of HQCJ will be selected by the Selection Commission. The Commission will consist of 6 members: three current or retired judges, three independent international experts. In order to win the competition, a candidate for the HQCJ must be approved by at least two judges who are members of the competition commission. This will allow judges to block the appointment of real agents of change to the HQCJ. At the same time, international experts do not have a casting vote in the Selection Commission to the HQCJ, which was the main demand of NGOs and one of the election promises of the majority party.
The final decision on the composition of the HQCJ will remain with the unreformed High Council of Justice, as the Selection Commission will have to submit 2 candidates for each vacancy in the HQCJ. Even if decent candidates are selected by the Selection Commission, they could easily be eliminated by the High Council of Justice.
- Regarding the attitude of Ukrainians to judicial reform:
A March poll by the sociological group “Rating” found that 63% of respondents considered judicial reform to be partially or completely failed and only 5% to be partially or completely successful. 40% of Ukrainians are in favour of imposing sanctions on Ukrainian politicians by international partners unless the High Council of Justice, one of the most important bodies of judicial governance responsible for appointing and dismissing judges, is re-launched.
