Parliament approves law on restarting judicial reform

The Verkhovna Rada of Ukraine has approved the Law "On Amendments to Certain Laws of Ukraine regarding the Functioning of Judicial Governance" (No.1008).
A total of 236 MPs voted in favor of the relevant document, with the required minimum being 226 votes, an Ukrinform correspondent reported.

“Now we can launch the most important reform for Ukrainians - judicial reform. Bill No.1008 provides for amendments to certain laws of Ukraine on the activities of judicial self-government bodies. This bill was submitted to the Verkhovna Rada by President Volodymyr Zelensky,” said deputy head of the parliamentary committee on judicial policy, Valeriy Bozhyk, when representing the bill developed for second reading.

The adopted law provides for amendments to the laws "On the Judiciary and Status of Judges", "On the Cleansing of the Power" and "On the High Council of Justice".

The law establishes a new procedure for forming the High Qualifications Commission of Judges of Ukraine, whereby twelve members of the High Qualifications Commission of Judges will be appointed by the High Council of Justice based on the results of the competition. The High Council of Justice will form a competition commission, which will consist of: three persons elected by the Council of Judges of Ukraine from among its members; three persons from among international experts nominated by international organizations, with which Ukraine cooperates in the field of preventing and combating corruption under the international agreements signed by Ukraine, to the Public Council of International Experts established under the Law "On the Supreme Anti-Corruption Court".

The law also proposes that the High Council of Justice to establish a commission on integrity and ethics, which will ensure that members of the High Council of Justice and the High Qualifications Commission of Judges comply with high standards of integrity and professional ethics.

In addition, the bill envisages that judges' remuneration is established by the unified rules for all judges, regardless of conditions of their qualifications, since all judges of the judicial system have the unified legal status and are equal before the law.

The document also clarifies that the High Qualifications Commission of Judges will be a collegial body. At the same time, the quantitative composition of the High Qualifications Commission of Judges will be decreased from 16 to 12 members, who will be appointed by the High Council of Justice based on the results of competitions.

As Ukrinform reported, on September 12, the Verkhovna Rada supported at first reading the presidential draft law No. 1008 "On Amendments to Certain Laws of Ukraine regarding the Functioning of Judicial Governance."

On October 1, Secretary General of the Council of Europe Marija Pejcinovic Buric in a letter to Ukrainian Foreign Minister Vadym Prystaiko expressed concern about legislative proposals on judicial reform in Ukraine that could limit the independence of the judiciary. She noted that draft law No. 1008 puts forward wide-ranging changes that "could have significant implications for the independence of the judicial system," in particular "the status and competencies of judges, as well as relating procedures."

The Venice Commission has received a request to assess the recent amendments to the legal framework in Ukraine.