Today, May 20, 2022, the Law of Ukraine “On Amendments to certain laws of Ukraine on the functioning of the civil service and local self-government during the period of Martial Law” (No. 2259 – IX) comes into force.
The specified law amended, in particular, the Law of Ukraine “On the Legal Regime of Martial Law” and provides for a simplified procedure for taking positions of the civil service and positions in local self-government during the period of martial law.
Article 10 of the Law of Ukraine “On the Legal Regime of Martial Law” is set out in new wording and establishes that during the period of martial law there special checks shall not be conducted, provided for by the Law of Ukraine “On Prevention of Corruption”, regarding the persons applying for positions that provide for holding of a responsible or a position of particular responsibility and positions with a high risk of corruption, the list of which is approved by the National Agency for the Prevention of Corruption as well as the check provided for by the Law of Ukraine “On Cleansing of Power”, regarding the persons applying for positions in respect of which measures on cleansing of power (lustration) are carried out.
The organization of a special check in respect of persons appointed during the period of martial law shall be carried out within three months from the date of termination or abolition of martial law, except for the case of release of such a person before the day of termination or abolition of martial law or completion of the said verifications during the action of martial law.
It should be reminded that in accordance with the Law of Ukraine “On Prevention of Corruption”, positions of members of the High Council of Justice are among the positions that provide for holding of a responsible or particular responsible position.
Part seven of Article 9 of the Law of Ukraine “On the High Council of Justice” determines that candidates for the positions of members of the High Council of Justice in accordance with the Law of Ukraine “On Prevention of Corruption” are subject to special check, a conclusion with results of which is forwarded to the body convening the relevant congress or conference and to the Ethics Council.
Part two of Article 56 of the Law of Ukraine “On Prevention of Corruption” determines that in relation to candidates for the positions of members of the High Council of Justice, who are elected by the Congress of Judges of Ukraine, the Congress of Advocates of Ukraine, the All-Ukrainian Conference of Prosecutors, the Congress of Representatives of Higher Education and Scientific Institutions, the organization of conducting a special check is entrusted to the Secretariat of the High Council of Justice.
Taking into account the martial law in Ukraine, the organization of a special check for compliance with the requirements of Article 9 of the Law of Ukraine “On the High Council of Justice” will be carried out in accordance with the requirements of the Law of Ukraine “On Amendments to certain laws of Ukraine on the functioning of the civil service and local self-government during the period of Martial Law.”