Unified indicators for assessing the integrity and professional ethics of judges are an important tool for ensuring transparency, efficiency and trust in the judiciary. Their implementation will help strengthen the authority and ensure the fairness of justice. This was emphasized by Oleksandr Sasevych, a member of the High Council of Justice, This was emphasized by Oleksandr Sasevych, a member of the High Council of Justice, the Chairman of the Working Group on the Development of Unified Indicators for Assessing Integrity and Professional Ethics of Judges (candidates for the Position of Judge) during the roundtable discussion “Ensuring Judicial Integrity: Achievements and Challenges in the Context of Updating Legal Regulation”.
As a reminder, the Law of Ukraine “On Amendments to the Law of Ukraine ‘On the Judiciary and the Status of Judges’ and certain legislative acts of Ukraine on improving judicial career procedures” empowers the High Council of Justice to approve the Unified Indicators for Assessing the Integrity and Professional Ethics of a Judge (a candidate for the position of а judge) after consultation with the High Qualification Commission of Judges of Ukraine, the Council of Judges of Ukraine and the Public Integrity Council. In order to develop the indicators, on February 8, 2024, the HCJ established a working group.
Oleksandr Sasevych noted that the composition of the working group was heterogeneous: members of the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Council of Judges of Ukraine, representatives of the Public Integrity Council, and international projects. It worked intensively – a total of 24 meetings were held. “My goal as the chairman of the working group was to develop a draft of this important document within a reasonable time frame,” noted the member of the HCJ.
The Head of the working group emphasized that the purpose of developing common indicators is to introduce unified standards for assessing the integrity and professional ethics of judges, which will be used in the performance of their relevant functions by the HCJ, HQCJ, and PIC. The Unified indicators will also be actively used by judges in case of appealing procedures and decisions in courts. Oleksandr Sasevych noted that clarity and unambiguity of wording are extremely important, so when preparing them, members of the working group carefully weigh every word, comma and period.
According to the Head of the working group, the draft document pays special attention to the principles of applying common indicators: respect for human rights; consideration of international standards and ethical norms; inadmissibility of influence on the assessment of external factors.
In September 2024, during the EU-Ukraine bilateral session, the representatives of the HCJ informed the European Commission of the progress made in developing common indicators.
The draft document defines indicators of integrity and professional ethics:
independence – the ability of a judge to perform his/her duties without external pressure;
impartiality - decisions made without personal likes or dislikes;
compliance with ethical norms– impeccable behavior in both professional and personal life;
Honesty, integrity, incorruptibility – adherence to high moral standards and principles of truthfulness.
The following issues remain among the debatable ones in the process of defining common indicators:
- compliance with living standards and lifestyle to the status of a judge – how to effectively assess the standard of living of a judge to avoid bias and ensure objectivity;
- integrity assessment based on personal life - what limits of control over a judge's personal life are acceptable so as not to violate the right to privacy;
- additional information and participation in public initiatives - how important is the participation of judges in public initiatives for their professional reputation;
- visiting the temporarily occupied territories of Ukraine and/or the territory of the aggressor state without an urgent need - what need can be recognized as urgent and whether there are exceptions to this criterion.
Oleksandr Sasevych clarified that in accordance with Government Resolution No. 1194 of October 18, 2024, amendments were made to the State Anti-Corruption Program for 2023-2025 and the deadline for the approval of the Uniform Indicators was postponed to November 2024.
Approval of the indicators is an important step, as the Ukraine Facility plan for 2024-2027 stipulates that improving the judicial selection procedure by regulating the selection stages and changing their order and reviewing the duration of mandatory initial training of judges will ensure that the state fulfills its international obligations and will enable the prompt filling of judicial vacancies based on the criteria of professional competence and integrity, which will fully ensure the right to access to justice and fair trial.
The roundtable was held within the framework of the Project “Standardizing Integrity: Transparency, Professionalism and Accountability in Justice Sector Reform and Rebuilding of Ukraine” of the Swedish International Development Cooperation Agency (Sida) with the assistance of the International Development Law Organization (IDLO).