13 July 2021, Tuesday, 17:53 107

Rada Gives International Organizations Decisive Vote In Selection Of Candidates For Membership In HQCJ

Редактор: Daria Zubkova

The Verkhovna Rada gave international organizations a decisive vote in the selection of candidates for members of the High Qualification Commission of Judges (HQCJ).

For the adoption of bill No. 3711-d "On Amendments to the Law "On the Judicial System and the Status of Judges "and some laws of Ukraine regarding the resumption of the work of the High Qualification Commission of Judges of Ukraine" in general, 305 MPs voted for the proposals of President Volodymyr Zelenskyy, with 226 minimum required, Ukrainian News Agency reports.

The Verkhovna Rada authorized the High Council of Public Justice (HCPJ) to determine the number of judges in courts on the proposal of the State Judicial Administration and to resume the work of the High Qualification Commission of Judges.

Previously, this function belonged to the State Judicial Administration in agreement with the HCPJ.

The authors of the document are 14 Members of Parliament.

According to it, the maximum number of judges of the Supreme Court should not exceed 200.

Also excluded from the law is the norm on the activities in the HCPJ of the commission on Integrity and ethics, which took part in the consideration of the issue of dismissing HCPJ members.

The document returns the norm that the High Qualification Commission of Judges consists of sixteen members, eight of whom are appointed from among judges or retired judges.

The High Qualification Commission of Judges shall be deemed to be plenipotentiary provided that at least eleven members are appointed to its composition, at least six of whom are appointed from among judges or retired judges.

In the case of the expiration of the term of office of a member of the HQCJ, as a result of which it will be considered incompetent, such a member of the commission continues to perform his duties until the day of appointment of another person to his position, but not more than three months.

A member of the HQCJ can be a citizen of Ukraine who speaks the state language, has a higher legal education and professional experience in the field of law for at least 15 years, meeting the criteria of integrity and professional competence.

A member of the HQCJ must adhere to political neutrality, cannot be a member of political parties, trade unions, or participate in any political activity.

Influencing members of the HQCJ in any way is prohibited.

Persons who were already members of the High Qualification Commission of Judges or the High Council of Public Justice before the entry into force of the law "On Restoring Confidence in the Judiciary in Ukraine" cannot be members of the HQCJ.

The selection of candidates for members of the HQCJ is carried out by a competitive commission on integrity issues.

The composition of the competition commission includes three persons from among judges or retired judges proposed by the Council of Judges of Ukraine, one person proposed by the Council of Prosecutors of Ukraine, one person proposed by the Council of Advocates of Ukraine, and one person proposed by the National Academy of Legal Sciences of Ukraine represented by the Presidium.

Each of the indicated subjects of the formation of the competition commission proposes to the High Council of Public Justice at least two candidates for the composition of the competition commission or agrees on the proposal of the general list of candidates.

The subjects of the formation of the competition commission propose candidates to the composition of the competition commission according to their quota within twenty days from the date of publication of the announcement of the beginning of the selection of candidates for the composition of the competition commission on the official website of the High Council of Public Justice.

At the same time, no later than the next day from the date of publication of such an announcement, the High Council of Public Justice shall send all subjects of the formation of the tender commission a written notice of the start of the tender with a proposal to submit candidates to the tender commission.

The tender committee begins its work on the condition that at least four members of the tender committee are appointed.

The term of office of a member of the tender committee is four years from the date of appointment, without the right to be reappointed.

The decision of the tender committee is drawn up in a protocol and must be motivated and justified.

The first composition of the competition commission is formed of three persons from among judges or retired judges proposed by the Council of Judges of Ukraine, and three persons proposed by international organizations, which, in accordance with international or interstate agreements over the past five years, provide Ukraine with international technical assistance in the field of judicial reform and/or prevention and combating corruption.

Such international and foreign organizations agree on a proposal for a common list of candidates.

The first composition of the competition committee begins its work, provided that at least four members of the competition committee are appointed, two of which are proposed by international organizations.

The decision of the first composition of the competition committee is adopted if at least four members of the competition committee voted for it, of which two were proposed by international organizations.

In case of the same number of votes "for" and "against", the votes of three members of the competition committee, of which two are proposed by international organizations, are decisive.

To support the activities of the first composition of the competition commission and the work of its members, the competition commission may involve additional experts and specialists proposed at its request by international organizations, which, in accordance with international or interstate agreements, over the past five years have been providing Ukraine with international technical assistance in the field of judicial reform and/or preventing and combating corruption.

Funding for the activities of such experts and specialists is carried out at the expense of such international and foreign organizations.

Such experts and specialists have access to all documents and information related to the holding of a competition for the position of a member of the High Qualification Commission of Judges of Ukraine, and they are subject to all restrictions determined by this law for members of the competition commission.

Zelenskyy also made a proposal according to which, at the request of a member of the first composition of the competition commission, for the organizational and technical support of the exercise of his powers, the competition committee may involve assistants and translators.

As Ukrainian News Agency earlier reported, Zelenskyy vetoed the law on granting international organizations a decisive vote in the selection of candidates for membership in the HQCJ.