In order to prevent the problems identified in the report in prospective selection procedures and qualification assessment of judges, including in the course of formation of the High Anticorruption Court, it is necessary to undertake the following measures:
- Assess the compliance of the qualification assessment procedures (including the techniques of psychological testing) with the needs of the selection of judges with participation of independent experts, as well as the validity, reliability and accuracy of the results of application of these procedures.
- Consider the possibility of reorganizing judicial bodies responsible for judges' selection (the HQCJ and the HCJ) in order to ensure the highest representation of the "agents of changes" rather than those who are inclined to negative practices of the old judicial system (mutual cover-up, political dependence, bribery, etc.).
- Introduce legislative amendments which would make possible to verify the result of qualification assessment and contests. In particular, to provide for judicial bodies' decision-making through an open voting; unify and strengthen the approaches to managing conflicts of interests within the judicial bodies; to strengthen the role of the public (the PIC) in the relevant procedures.
- Taking into account the reasonable doubts about the independence and impartiality of the bodies responsible for judges' selection, to envisage participation of the representatives of international donors in the selection of judges of the prospective anticorruption court.
The full text of analytical report on the results of the competition to the new Supreme Court is available in English and Ukrainian.