We call on the MPs to exclude the provisions that jeopardise the Public Integrity Council from draft law No. 10140-д

Читати українською.

On November 21, draft law No. 10140-д passed its first reading in the Verkhovna Rada, posing a significant threat to the fundamental mechanism of public involvement in the assessment and selection of judges—the Public Integrity Council (PIC). The draft law proposes the complete removal of Article 87 from the "On the Judiciary and the Status of Judges" law, which governs PIC's activities. Notably, the proposed changes include:

  • Provisions on the powers of the High Qualification Commission of Judges to terminate the powers of members of the Public Integrity Council, which may potentially lead to the formation of a dependent PIC.
  • The provision forbidding members of the PIC to make value judgments in their decisions makes the work of the body impossible, as any information from the PIC decision that applies the standard of reasonable doubt can be interpreted as a value judgment.
  • Restricting the PIC members from publicly assessing judges and defending their opinions, jeopardising the core principle of public oversight, where transparency is essential.

The completion of the qualification assessment and judge selection, involving PIC participation, is a crucial requirement outlined by the European Commission for initiating accession negotiations. If the draft law is adopted in its current form and the PIC undergoes drastic changes, meeting this condition becomes uncertain, jeopardising Ukraine's European integration and potential financial support.

Therefore, the NGOs urge the MPs not to amend or eliminate Article 87 of the Law of Ukraine, "On the Judiciary and the Status of Judges," which regulates the PIC activities.

The adoption of the proposed law would weaken public oversight of judge assessments, hinder the PIC's participatory role, disrupt efforts to cleanse the judicial system, and result in a failure to meet international obligations.

Signed by:
DEJURE Foundation
Anti-Corruption Action Centre
Human Rights Centre ZMINA
Centre for Economic Strategy
NGO “Платформа Громадський Контроль”
CHESNO Movement
Institute of Legislative Ideas
Anti-Corruption Headquarters
Anti-corruption Research and Education Centre
Centre of Policy and Legal Reform