Two blows in one day: the second — against judicial integrity

July 22 turned out to be a productive day for those dreaming of returning Ukraine’s legal system to the kind of manual control reminiscent of the Yanukovych era. Two simultaneous strikes were delivered — against the anti-corruption infrastructure and the independent selection of judges.

263 Members of Parliament voted in favour of Draft Law No. 12414, which effectively eliminates the independence of the National Anti-Corruption Bureau (NABU) and the Specialised Anti-Corruption Prosecutor’s Office (SAPO). The President signed it almost immediately. From now on, the Prosecutor General, appointed by the President, can shut down any investigation involving corruption among individuals close to the political leadership. This is the dismantling of independent anti-corruption institutions that took a decade to build — and a return to the system where “justice” is decided over the phone. Even more dangerously, the new law allows searches without a court order “to urgently seize or preserve evidence of crimes.”

At the same time, as MPs were voting to dismantle anti-corruption reform, the High Council of Justice (HCJ) launched an attack on judicial reform.

Today, the HCJ initiated the formation of a new Selection Commission for the High Qualification Commission of Judges (HQCJ) — without international experts. Instead, nominations will come from the very institutions that for years blocked the cleansing of the judiciary:

• The Council of Judges, chaired by Bohdan Monich, a close ally of the infamous Vovk and Portnov;

• The Bar Council, led by Lidiya Izovitova — linked to Medvedchuk and Portnov;

As well as the unreformed Prosecutors’ Council and the National Academy of Legal Sciences.

Nominees of these bodies will select members of the HQCJ, which is responsible for filling more than 2,000 judicial vacancies in the coming years. Judges are appointed for life. This means that institutions influenced by corrupt elites will shape the face of Ukraine’s judiciary for decades to come. We are heading back to behind-the-scenes appointments of loyal individuals and family members. When Lidiya Izovitova previously sat on the High Council of Justice and influenced judicial appointments, her own children became judges.

Parliament has about a month to pass Draft Law No. 13382, which would restore international experts to the Selection Commission. Their participation is essential to ensure a transparent selection process and, subsequently, the effective functioning of the HQCJ.