Few fair judges not enough to break the system from within – experts

The problem of the judicial system reform is that Ukraine has lacked the transparent system of selecting judges for too long and the family dynasties have been formed.

Now there are two options for the constitutional amendments concerning judiciary. The first version was developed by the Constitutional Commission while the second was elaborated by the experts of the “Reanimation Package of Reforms.”

The Constitutional Commission suggests re-qualifying of judges while the “Reanimation Package of Reforms” (RPR) experts advocate selecting new judges through open competition. This is reported by the Human Rights Information Centre correspondent.

The two options for the constitutional changes are unlikely to lead to the same result, notes Roman Kuybida, the Deputy Head of the Center for Political and Legal Reforms, the expert of the judicial reform expert at the RPR.

“Why do the judges, in particular, the leadership of the Supreme Court, support the option for re-qualifying? In my opinion, it is so because this option can be easily downplayed. If we analyze all the measures concerning lustration, we will see that they have been canceled out either due to judgments or the opposition to the judicial system,” Kuybida says.

According to him, re-qualification of judges of the Supreme Court and the higher courts, as provided for by the legislation, was to be completed this September. However, that did not happen, because the judiciary represented by the Council of Judges had not approved the procedure for re-qualification. So, the question arises: is it possible to believe that the judges, dismissed from their positions or those who will be subject to dismissal, won’t appeal against these decisions in the courts?

According to Tetiana Kozachenko, director of the lustration department at the Justice Ministry of Ukraine, the similar system has been formed long since, “This country, where the family dynasties have been already formed, has lacked the transparent system of selection of judges for too long. It is true and it is our trouble. If you are the head of the High Qualification Commission of Judges, your son will be a judge.”

The expert notes that the judgments of acquittal have started to appear in Ukraine, while earlier their number was 0.5%. According to her, it is impossible to work as a lawyer in such a system as it does not matter how far you’re right if the case is considered in the Ukrainian courts. Kozachenko emphasizes that no judge has been lustrated.

This system indeed has fair and professional people. However, their number is so insignificant it does not allow changing the system from within, Kozachenko says.

The slow pace of reforms is reasoned by the lack of consolidation of political leaders in Ukraine, as well as the influence of tycoons, believes Yevhenii Bystrytsky, executive director of the “Renaissance” International Foundation.

“All the priorities of the reforms seem to be known for everybody. It is anti-corruption, which is directly related to reforming the judicial system, the basis for delivering fair judgments over facts of corruption. In turn, it is linked with the reform of public employees, while it is subsequently linked with the administrative-territorial reform. And we have series of reforms. However, everything is focused on the judicial reform, which sets the standards of fairness and justice in the country,” Bystrytsky said.

As a reminder, the “Reanimation Package of Reforms” suggests establishing the new three-tier system of courts with the transparent competition for each judgeship, which the acting judges and the lawyers outside the court system can participate in.