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2007 Assessment

Ukraine: Integrity Indicators Scorecard

Ukraine: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	100
34	Can members of the judiciary be held accountable for their actions?	58
35	Are there regulations governing conflicts of interest for the national-level judiciary?	14
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments: In law, the independence and immunity of judges are guaranteed by the constitution and the laws of Ukraine. Influencing judges in any manner is prohibited. A judge shall not be detained or arrested without the consent of the Verkhovna Rada until a verdict of guilty is rendered by a court. However, the judiciary is inefficient and subject to corruption. Although the Constitutional Court is largely free of political interference, other courts lack independence. Judges are often penalized for independent decision making.

References: The law of Ukraine "About the judiciary" Law "On the Judiciary," Art. 7 Law "On the Status of Judges"

Peer Review Comments: It is not accurate to say that the Constitutional Court is free from political interference. During 2004-5 it was rendered inoperable for over a year because various political forces in Parliament blocked the approval of the president's quota of judges and the parliamentary majority refused to nominate the Parliament's quota.

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments: The law requires judges who are selected as candidates to the Supreme Court to be educated in law, to have at least 10 years work experience in the legal profession, and no less than five years experience as a judge. The judge selected as a candidate to the Supreme Court must be elected by the Parliament. Judges to be appointed to the chambers of the Supreme Court are required to have work experience as judges at the relevant high court (not less than three years), or at the relevant high appeal court (not less than five years). There was no evidence that these requirements were ever violated.

References: Art. 7, Law "On Status of Judges" Art. 48, Law "On Judiciary"

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments: Verkhovna Rada of Ukraine has a special confirmation process for high-court judges.

References: Constitution of Ukraine, Art. 85

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: Art. 12 of the Law "On the Status of Judges" stipulates that "a judge is not obliged to give any explanations regarding the matter of the judged cases and/or give them to anybody for information except in cases and in order specified by the law" (i.e., when the judge is under investigation by the disciplinary commission for justified changes of misconduct or violation of the law). Judges are immune to prosecution.

At the same time the law of Ukraine About the judiciary opens a principle of publicity of litigation: Nobody can be limited in right on reception in court of the oral or written information concerning results of consideration of his action of proceeding.

References: The law of Ukraine "About the judiciary" the Law of Ukraine "About access to judgements" (since June, 1, 2006) Art. 12, Law "On the Status of Judges"

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments: In practice, judges can both give argued reasons for their decisions or leave their decisions unclear.

The Law of Ukraine "About access to judgements" guarantees the right of access to judgements, determined by the Law.

References: [ LINK ]

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: In compliance with the Constitution of Ukraine and the law on Prosecutor Office, the Prosecutor General and subordinate prosecutors conduct the surveillance of observance or non-observance of the application of the law.

References: Law on Prosecutor Office

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments: De jure juridical system is protected from political interference. But in practice the judicial system is considered one of the more corrupt systems in Ukraine. During the past year, especially after the political crisis in Ukraine, all Ukrainian courts and justice systems are now even more dependent on political power. The Prosecutor General is appointed by the president but according to the PGO, "some politicians in Ukraine are trying to engage PGO bodies into the settlement of the crisis situation in Ukraine."

References: Law of Prosecutor Office

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments:

References: The Ukrainian radio's NRCU Web page [ LINK ]

Peer Review Comments: To the best of my understanding, there is a lot of politics, bribery and nepotism involved in this process.

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments:

References: The Ukrainian radio's NRCU Web page

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments: All top officials are required to file asset disclosure forms.

References: Law od Constitutional Court

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments:

References: Interview with MP Levchenko K. Kiev. Aug. 4, 2007

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments: There are no requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

References: Interview with MP

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments:

References: Interview with MP Levchenko K. Kiev. Aug. 4, 2007

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments:

References: www.Obozrevatel.com.ua

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments:

References: obozrevatel.com.ua

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: Never

References: Interview with MP Levchenko K. Kiev. Aug. 4, 2007

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments: Publishing the asset disclosure records of high state officials is provided by the law. Ministries have published this data in the governmental newspaper "Uriadovyi kur"er," but not all of them do it.

But there are no such obligations for the judiciary.

References: Law of civil servant

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: Intervier with MP Levchenko K. Kiev. Aug. 4, 2007

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: This is true only in the case of independent journalistic investigations.

References: Interview with MP Levchenko K. Kiev. Aug. 4, 2007