Ukraine minimized political influence during selection and evaluation of judges - EU experts

Ukraine minimized political influence during selection and evaluation of judges - EU experts

Ukrinform
Experts from the EU "Pravo-Justice" Project say that Ukraine has minimized political influence on the judiciary, and judges are now appointed only on the basis of a complex competitive selection procedure. 

This is stated in a report "Selection and Evaluation of Judges," which was presented in Kyiv on November 23, an Ukrinform correspondent reports.

According to the report, thanks to the work of the Judicial Reform Council, for the first time in Ukrainian history, a practical transition was made from individual initiatives to a more systematic approach to justice reforms. In most countries, the new approach used by Ukraine to the selection and qualification assessment of current judges has never been applied to the public sector as a whole, not to mention judicial authorities. 

Experts point out that the Ukrainian evaluation procedure for the selection or determination of the skills of judges is unique in its scope and content in the world and has specific features. In particular, they include complexity of procedures and methods of evaluation of candidates, participation of civil society, a high level of technocracy during the evaluation of candidates, during which not only legal knowledge is assessed, but also judges' social competence and psychological abilities on the basis of established criteria.

Psychological tests, according to experts, deserve special attention because they help examine the general knowledge and skills (IQ) of judges and candidates, ethics and integrity, social competencies, propensity to psycho-pathological risks, and other social and managerial skills. 

According to the report, psychological tests have already positively influenced the overall process, acting as an important procedural safeguard, which limits discretion in assessing the social and psychological characteristics of a candidate for a judicial position. The importance of the psychological testing method, which can be compared with those already used, though on a smaller scale, in some EU countries, is a good base for obtaining a detailed expert assessment of a candidate's personality.

Experts also admit that not only judges, lawyers and scholars with relevant professional experience can now apply for a judicial position in the Supreme Court, appellate and specialized courts.

In 2016, Ukraine began a process of systematic re-loading of the judiciary by introducing a compulsory qualification assessment of all active judges in order to confirm their ability to administer justice. The reboot of the judiciary also involves the selection of new judges and the creation of new courts. More than 6,000 judges and candidates for judicial positions will pass through the procedures developed by the High Qualification Commission of Judges of Ukraine (HQCJ).

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