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HQCJ took into account 77% of PIC opinions in final rating of competition to the Supreme Court

HQCJ took into account 77% of PIC opinions in final rating of competition to the Supreme Court

On March 6, 2019, the High Qualification Commission of Judges of Ukraine completed the second competition for the positions of judges of the Supreme Court in the history of the country and announced its winners. Thus, the formation of the highest judicial instance, which was for the first time formed based on the results of the competition and has been functioning since December 2017, is finishing.

The second competition announced on August 2, 2018, took place to four Cassation Courts of the Supreme Court.

In addition to judges, advocates, academicians and candidates with mixed experience also took part in the competition. As a result, among 78 winners of the competition there are 54 judges (69%), 14 academicians (18%), 7 advocates (9%), 3 winners with mixed experience (4%). Thus, the Commission recommends the appointment of almost 30% of candidates who have not previously worked as judges.

Distribution of winners in the Supreme Court Cassation Courts according to experience:

  • Cassation Administrative Court (26 positions): 20 judges, 4 academicians, 1 advocate and 1 with mixed experience;
  • Cassation Commercial Court (16 positions): 11 judges, 2 academicians and 3 advocates;
  • Cassation Criminal Court (13 positions): 9 judges, 3 academicians and 1 advocate;
  • Cassation Civil Court (23 posts): 14 judges, 5 academicians, 2 advocates and 2 with mixed experience.

Among the winners of the competition for judicial vacancies of Cassation Courts within the Supreme Court there are 30 candidates of sciences and 5 doctors of sciences; there are 31 women and 47 men. The youngest winner of the competition is 34 years old, while the oldest is 61 years old. The largest number of winners is from Kiev (24) and Kharkiv (8).

“Ukraine demonstrates the only case in the world when the establishment of two higher courts – the Supreme Court and the High Anti-Corruption Court is taking place simultaneously in the country. These procedures became possible as a result of the judicial reform. On March 6, the Commission completed forming the Supreme Court, which for a year has been receiving positive feedback as to its work. This work shows that the HQCJ procedures prove their effectiveness in terms of ensuring high-quality staff for judicial institutions,” said Mr. Sergii Koziakov, Chairman of the HQCJ.

It should be recalled that at one stage of the competition the Commission was assisted by the Public Integrity Council which established candidate’s compliance with the criteria of professional ethics and integrity in the course of the qualification evaluation. The PIC prepared 71 opinions concerning candidates. 55 candidates (77%) with opinions did not get in the final rating.

“Candidates as to who there were negative opinions provided the relevant documents and their explanations as to the questions raised in respect of them. Although representatives of the Public Integrity Council did not always agree with candidates’ explanations, their being recommended for the appointment means that the Commission conducted thorough legal assessment of all the data, including those provided by numerous state bodies. It is unequivocally wrong to use the category “not having integrity” in respect of those candidates who have successfully used their right to respond in course of the competition procedure”, said Mr. Mykhailo Makarchuk, Member of the HQCJ.

It should be recalled that on August 2, 2018, a second competition to the Supreme Court was announced. The Commission received 659 applications for participation in the competition, and 566 candidates were admitted to it. 525 candidates took anonymous test, out of who 316 passed the test successfully. Based on the results of the examination, 235 candidates were admitted to the interview stage. In course of the final stage of the second competition to the Supreme Court – “Verification of dossier and interview”, 46 of 235 candidates did not confirm their ability to administer justice in the Supreme Court. That is how the Commission formed rating to the highest court in Ukraine out of 185 candidates.

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