The Verkhovna Rada on June 29 approved the second reading of a bill giving foreign experts a decisive role in part of Ukraine’s judicial reform.
Specifically, foreign experts will be able to veto candidates for the body that hires and fires all judges — the High Qualification Commission.
Foreign experts’ crucial role in the reform has been a requirement of the International Monetary Fund, the European Commission for Democracy through Law (Venice Commission) and Ukraine’s other foreign partners.
However, there is still cause for concern: the unreformed and discredited High Council of Justice, the judiciary’s highest governing body, will still have a lot of influence over the recruitment of High Qualification Commission members, according to the bill.
“We welcome lawmakers’ decision to give independent international experts a crucial role in the selection of the High Qualification Commission,” said Mykhailo Zhernakov, head of legal think-tank DEJURE. “…However, the bill leaves room for manipulation by the corrupt High Council of Justice.”
Moreover, it is not clear when the legislation will be implemented, if at all.
In 2019, President Volodymyr Zelensky signed similar legislation to reform the High Qualification Commission but the High Council of Justice ensured that nothing came of it.
Flaws remain
The selection panel for choosing the Qualification Commission would consist of three Ukrainian judges and three foreign experts.
At least four panelists will be needed to approve candidates. When the vote is split three to three, the foreign experts’ opinion will prevail, according to the legislation.
Under the new bill, half of the new High Qualification Commission members would be judges. Civic activists think this will preserve the old corrupt judiciary.
The High Council of Justice will have a lot of say over who gets chosen, which may sabotage the attempt at reform.
The council will choose 16 appointees out of 32 candidates nominated by the selection panel, according to the legislation.
Tainted council
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.
In May parliament passed the first reading of a separate bill to fire tainted members of the High Council of Justice. However, the bill has been lambasted by anti-corruption watchdogs and Ukraine’s international partners because it does not give foreign experts a crucial role in the process.
