Why Is the HCJ Waiting for the Tenure of International Experts in the Selection Commission to Expire?

On January 21, the High Council of Justice (HCJ) refused to appoint either of the two candidates proposed by the Selection Commission for a position on the High Qualification Commission of Judges (HQCJ). Oksana Andriychuk received six votes from HCJ members, while Vitalii Kryklyvyi received only one. While neither candidate was flawless, the HCJ members failed to provide any justification for their rejection, effectively nullifying an expensive and lengthy selection process that lasted ten months.

It appears that the HCJ is deliberately stalling the competition for HQCJ appointments, waiting for the term of international experts in the Selection Commission to expire. These experts’ mandate is set to end on June 1, 2025. After this, the authority to delegate members to the Selection Commission will shift to institutions that lack credibility and have a history of shielding corrupt judges.

One such institution is the Council of Judges, notorious for protecting low-integrity judges and nominating untrustworthy candidates to selection bodies. Additionally, the Bar Council of Ukraine, led by Lidiia Izovitova — a close associate of Medvedchuk — will also gain delegation rights. It is paradoxical that Ukraine’s legal profession, plagued by systemic problems and in dire need of reform, would be responsible for selecting members of the reformed HQCJ.

If representatives of unreformed Ukrainian institutions replace international experts, the selection process for the HQCJ risks becoming a mere formality once again. Meanwhile, the involvement of international experts in state institution selection processes has repeatedly demonstrated high-quality results. A prime example is the selection process for the High Anti-Corruption Court (HACC), which was conducted by the Public Council of International Experts (PCIE). Thanks to PCIE—composed entirely of international experts—corrupt candidates were prevented from joining HACC.

Therefore, extending the term of international members in the Selection Commission is an urgent issue. The Verkhovna Rada must promptly introduce and adopt the necessary legislative amendments to ensure the integrity of the HQCJ selection process.