Civic activists and lawyers say politicians are not willing to go to far enough in depoliticizing and strengthening the independence of Ukraine's corrupt judiciary.
A constitutional commission was expected to approve final changes involving the judiciary by the end of August. But, based on an Aug. 22 draft, many experts doubt the will to make big changes in the pro-presidential body.
The changes are cosmetic and slight, including leaving in place Ukraine’s intricate four-tier judicial system, Mykhailo Jernakov from the Reanimation Package of Reforms, a civic watchdog, said at a Ukraine Crisis Media Centre briefing on Aug. 25.
It also retains presidential control over the judiciary, Jernakov said.
Meanwhile, members of the Constitutional Commission and representatives of the Presidential Administration says they have achieved “political consensus” on changes.
“We are on the right way,” said Sergiy Golovaty from the Constitutional Commission on Aug. 27, noting that the commission could do more for simplification of judicial system and segregation of administrative justice as a separate jurisdiction. “We have done a good work, but the work does not stop at this point,” Golovaty said.
Golovaty said the changes will live up to the European Convention on fair trials. It will also bring full independence from outside influence and “depoliticize judiciary for 99 percent,” he added.
Following the Venice Commission’s recommendations on the constitutional draft, released on July 24, the Constitutional Commission took away the presidential powers to fire judges, but retained appointment rights.
“It gives the president an opportunity to influence the professional career of a judge,” Roman Kuybida from the Reanimation Package of Reforms said on Aug. 27.
Neither the current text of the constitution nor the Constitutional Commission’s draft names responsibility for reassigning judges to another court.
The president’s right to appoint judges needs to be purely ceremonial, said Yulia Kyrychenko from the Reanimation Package of Reforms. The constitutional draft needs to clarify that the president appoints judges, while the High Council of Justice decides upon the specific institutions where they will work.
The constitution also should guarantee fixed salaries for judges, in order for judicial independence to be taken seriously, according to Arsen Miliutin from the Egorov Puginsky Afanasiev and Partners law firm.
No judges have been fired since the EuroMaidan Revolution, contributing 91 percent distrust by the public in the judicial system.
One remedy proposed is gradual replacement of judges and open competition for the judicial posts.
“It needn’t have to happen in one fell swoop, though,” said Taras Shepel, from Reanimation Package of Reforms, addressing concerns of Constitutional Commission’s members and referring to success in replacing old police units with new ones.
Current judges and new candidates would be given the right to compete, under one plan.
Something has to be done urgently, however.
“Given the gridlock Ukraine is struggling with right now, this is no fluke such radical measures are being proposed,” said Denys Bugay, president of the Ukrainian Bar Association.
Bugay said that the Higher Qualification and Disciplinary Commission fired only five judges, while there are hundreds more corrupt judges.
Source: Reanimation Package of Reforms
Kyiv Post’s legal affairs reporter Mariana Antonovych can be reached at [email protected]
