Ukrainian Justice with Russian Passport: the Process of (Non-)Verification of Citizenship in Regard to Representatives of the Judiciary

In Ukraine, anyone with citizenship of another state cannot be a judge or hold a position in the civil service. Recent investigations by journalists into the links between judges and the Russian Federation have shocked society. It turns out that the citizens of the aggressor country have been adopting decisions “in the name of Ukraine” for years, participating in competitions and undergoing qualification assessments, and may even hold high positions in the judicial system. These judges may also have access to state secrets, which poses a threat to the country’s national security. Moreover, there is currently information about 10 judges who are suspected of collaborationism.

Consequently, the administration of justice by persons who have foreign citizenship and the lack of due vetting procedure before their appointment is an urgent problem that needs to be addressed. In this article, we will look at how the law regulates the vetting procedure with regard to foreign citizenship, in particular of judges, what issues there are, as well as suggest ways to solve them.