Ukraine relaunches High Qualification Commission of Judges

Ukraine

On 29 June 2021, Ukrainian parliament adopted the Law of Ukraine No. 3711–D “On amendments to Law On Judiciary and Status of Judges” and certain Laws of Ukraine concerning, inter alia, re-establishment of the High Qualification Commission of Judges of Ukraine”, which relaunches the High Qualification Commission of Judges of Ukraine (HQCJ).

The proper functioning of the HQCJ, a body of judicial governance that operates on a permanent basis in Ukraine, is critical to the judiciary system since the HQCJ is responsible for assessment and selection of judicial candidates.

In November 2019, however, the HQCJ was dissolved in the course of pending judicial reform while the adoption of a new procedure for assembling members of the HQCJ faced challenges and was virtually halted. As a result, up to 2000 vacancies in the first and second instance courts cannot be filled.

The adopted Law is intended to have the HQCJ resume work through a new transparent procedure, which will include the participation of international experts. Specifically, composition of the HQCJ will be arranged through a selection procedure conducted by a mixed Selection Commission consisting of both national and international experts. This Commission will select candidates for the position of HQCJ members based on integrity and professional competence. The first Commission will begin activities once at least four members are appointed, including two international experts.

The decisions of the Commission on each candidate for membership in the HQCJ will be adopted by a majority vote, but at least two international experts must support this a decision in order for it to be approved. This voting procedure is intended to ensure approval of reputable candidates to the HQCJ.

The list of selected candidates will then be provided to the High Council of Justice who will make the final decision on the composition of the HQCJ.

The Law also introduces other legislative changes on technicalities of organisations and the functioning of the Ukrainian judiciary (e.g. rules of formation, reorganisation and liquidation of the courts, composition of the higher specialised courts, the authority of the Plenum of the Supreme Court, etc.).

The Law will come into force upon the signature of the President of Ukraine and official publication of the law.

For more information on judiciary reform in Ukraine, contact the following members of CMS's dispute resolution team: Olga Shenk, Maria Orlyk.

Legislation: Law of Ukraine “On amendments to Law “On Judiciary and Status of Judges” and certain Laws of Ukraine concerning re-establishment of the High Qualification Commission of Judges of Ukraine” No. 3711-D dated 29 January 2021 (in Ukrainian).