The Verkhovna Rada on July 13 gave foreign experts a crucial role in judicial reform in a revised bill after that role was undermined by an amendment passed in June.
The bill was initially passed in the second reading in June but President Volodymyr Zelensky vetoed the judicial reform bill on July 8 due to the amendment that jeopardized foreign experts’ role. On July 13, parliament passed it again, eliminating the amendment and stipulating that foreign experts will have a decisive voice.
The bill is meant to reform the High Qualification Commission of Judges, a body that hires and fires judges.
However, the final version of the bill also contains clauses that give the unreformed and discredited High Council of Judges, the judiciary’s main governing body, the ability to sabotage the reform, according to DEJURE, a legal think-tank. Moreover, they also preserve the influence of the judicial mafia by stipulating that most High Qualification Commission members must be judges, anti-corruption watchdogs say.
The President’s Office did not respond to requests for comment.
Conflicting amendments
According to the bill, the selection panel for choosing the High Qualification Commission would consist of three Ukrainian judges and three foreign experts. At least four panelists will be needed to approve candidates.
An amendment by Anastasia Radina, head of the Rada’s anti-corruption committee, stipulates that foreign experts’ opinion will prevail when the vote is split three to three. This gives international experts a crucial role in the reform.
However, a different amendment by Andriy Kostin, head of parliament’s legal policy committee, contradicted Radina’s amendment and failed to give international experts a prevailing vote. This amendment was eliminated on July 13.
Kostin, whom activists accused of sabotaging judicial reform, did not respond to a request for comment. Both Radina and Kostin represent Zelensky’s ruling Servant of the People party.
Tainted council
Despite foreign experts’ crucial role, there are major flaws in the final bill.
One of the clauses effectively allows the High Council of Justice, the judiciary’s unreformed governing body, to block the reform, according to DEJURE. The council will choose 16 appointees out of 32 candidates for the High Qualification Commission nominated by the selection panel, according to the legislation.
The High Council of Justice has been involved in numerous corruption scandals and is known for appointing judges linked to illegal schemes.
In September, the council unanimously refused to suspend notorious judge Pavlo Vovk, who is involved in Ukraine’s most high-profile judicial corruption case.
In wiretapped conversations released by the National Anti-Corruption Bureau of Ukraine, Vovk mentioned the involvement of Andrii Ovsiienko, head of the High Council of Justice, along with other council members in his alleged corruption schemes. Council members did not respond to requests for comment.
Other problems
Moreover, it is not clear whether the legislation will be implemented at all. In 2019, Zelensky signed similar legislation to reform the High Qualification Commission but it was not implemented due to the High Council of Justice’s refusal to carry it out.
Vitaly Tytytch, ex-head of judicial watchdog Public Integrity Council, argued that the passage of the legislation was a trick by the Zelensky administration to get a loan from the International Monetary Fund. After the money is disbursed, the authorities will likely derail the judicial reform to avoid losing control over judges, similar to what happened in 2019, he said.
Tytytch argued that, despite foreign experts’ role, it would be easy for the authorities to promote politically dependent and dishonest candidates due to an arbitrary and flawed assessment methodology similar to that used in previous judicial reforms. “Dark horses” about whom little is known will likely get into the new High Qualification Commission, and no professional, strong and independent candidates will be chosen, he said.
