“Perpetual integrity” for judges and HCJ members

The High Council of Justice (HCJ) has effectively granted judges with integrity reservations a lifeline to remain in office despite their concerning records. Moreover, it has practically ensured that HCJ members are deemed “decent” for life.

On December 17, the HCJ approved the Unified Standards of Integrity and Professional Ethics for Judges and Judicial Candidates. Under these new rules, if a commission with international experts declares a judge or candidate to be of high integrity, any circumstances reviewed during that process — even those pointing to integrity concerns — cannot be reassessed. This provides what is essentially a lifetime pass for questionable actions prior to the interview.

DEJURE Foundation previously highlighted that mixed-format commissions (comprising members appointed by both international partners and Ukrainian authorities) often yield mixed results. As a result, certain ethically questionable candidates have been approved for positions in the HCJ and the HQCJ. The “perpetual integrity” provision in the new standards now allows such individuals to secure judicial roles despite unresolved concerns about their past conduct.

Importantly, the HCJ members themselves were assessed by a similar mixed-format body, the Ethics Council. This means all current HCJ members are now automatically deemed to have integrity when participating in future selection processes — a clear conflict of interest since they voted for the adoption of this provision. This change already benefits three HCJ members — Inna Plakhtiy, Yuliia Bokova, and Mykola Moroz — who are candidates in appellate court competitions. Under the new rules, the HQCJ cannot thoroughly assess their integrity but must rely only on what was reviewed during their Ethics Council interviews. The same privileges extend to all judges and candidates who were ever declared decent by commissions involving international experts.

Some other problematic provisions, such as time limits on integrity reviews, have been removed. However, the “perpetual integrity” clause remains highly detrimental.

DEJURE Foundation calls on the HCJ to urgently revise the Unified Standards and eliminate the harmful “perpetual integrity” provision. This measure significantly hampers the cleansing of the judiciary and, consequently, delays critical judicial reform.