The Law on Enhancing the Declarations of Integrity of Judges and Their Family Ties has recently come into force. What will change for judges and citizens, and why is judicial reform a key factor for Ukraine’s accession to the EU? The Committee on Legal Policy shared the details with the Press Service of the Verkhovna Rada of Ukraine of this.

The Law consolidating judicial declarations is essentially one of the key milestones in the rule of law on Ukraine’s path to the EU. How important is the adoption of this Law right before the opening of the first cluster?

This draft law was provided for the Ukraine Facility Plan. Under this plan, our country, which is currently at war, receives financial assistance from the EU. That is why the adoption of the Law was important for securing the corresponding support.

At the same time, this serves as an additional element of accountability of the judiciary to society and the citizens of Ukraine. Therefore, the adoption of this Law was important not only for securing funding, but also, to a certain extent, for advancing Ukraine on its path toward full European Union membership.

What exactly is this consolidated declaration about?

This Law is not just about consolidating two declarations. It also provides for a degree of optimization. There were two separate declarations before: the declaration of family ties, which indicated which family members worked in various public positions so that the public could monitor these connections and possible conflicts of interests, as well as the declaration of integrity. This is not a new instrument, it was introduced back in 2016. 

The declaration of integrity contains a list of statements in which judges annually confirm the absence of grounds for disciplinary liability, the absence of various violations etc. Actually, many of these statements duplicated other procedures. For instance, all judges submit asset declarations, as well as undergo checks as part of disciplinary proceedings and competitive selection processes.

Therefore, it was important to optimize the document: formulate clear statements, eliminate duplication, as well as to fill it with new meaning. 

Will consolidating the declarations ease the situation with judicial selection in Ukraine? What could it change?

This will not directly impact judicial selection. At the same time, it is important to mention that any citizen of Ukraine who has a reason to believe that a judge submitted inaccurate information in the declaration can apply to the High Qualification Commission of Judges of Ukraine (HQCJ), so that it can check these statements. If it is proved that the data is false, the judge may be subjected to disciplinary action. In other words, this is yet another aspect of the judicial branch’s accountability to society.

Did the Committee learn the experience of other countries while working on this draft law?

Sometimes Ukraine implements brand new mechanisms that do not yet exist anywhere else. Various elements of the judiciary's accountability exist in many countries, and they are implemented differently. However, no other European country has a mechanism quite like the one in Ukraine.

Can we say that this Law will prevent corruption risks within the judicial system?

The Law is one of the mechanisms designed to ensure transparency and integrity within the judiciary.

Are there any innovations incorporated into this Law?

The idea was to supplement the declaration with new statements related to the core values and principles that should guide judges administering justice on behalf of the state.

In particular, the Law introduces new statements regarding the recognition of Ukraine's territorial integrity, the extension of Ukraine's state sovereignty to its entire territory, and the inadmissibility of collaboration with the aggressor state.

These are essential matters that cannot be verified through an asset declaration. That is precisely why the declaration of integrity is a crucial element of comprehensive integrity assurance within the judiciary.

How will this Law on optimizing judges' declarations impact ordinary Ukrainians?

Any citizen of Ukraine — even if they are not a party to court proceedings — who has information that a judge has provided inaccurate data in their declaration of integrity, has the right to file a statement with the High Qualification Commission of Judges of Ukraine (HQCJ).

To do so, they must provide reasonable grounds, as well as supporting evidence or documents, to enable the HQCJ to verify this information. Following this, the appropriate legal procedure is initiated.

If the HQCJ concludes that the application is well-founded, it will request the necessary information from the judge and other authorities and conduct an inquiry. If it is confirmed that the judge provided inaccurate data — for instance, visited the temporarily occupied territory, made public statements denying Ukraine's state sovereignty, or committed violations related to asset disclosures — they will face legal consequences.

At a minimum, this may lead to disciplinary action, and in certain cases, even dismissal from office.

So, can we say that Ukrainians are provided with a form of public oversight when it comes to checking declarations?

In Ukraine, public oversight mechanisms in this field are among the broadest.

Without being a party to court proceedings, knowing the judge personally, or having any connection to them, a person can obtain information from open sources or the media and request a state body to verify these facts.

For example, asset disclosures — which most frequently give rise to various corruption risks — are verified in Ukraine through six distinct procedures that partially overlap: during asset declaration reviews, qualification assessments, judicial selection competitions, disciplinary proceedings, criminal proceedings, and integrity declaration reviews.

Within each of these procedures, any citizen of Ukraine can submit a complaint or a statement regarding any judge. This is precisely how the public oversight mechanism functions.

Let’s take the year following the adoption of the Law. Are there any criteria — or perhaps specific targets set by the Committee — to be achieved within this one-year period?

This Law must not complicate the primary function of the High Qualification Commission of Judges of Ukraine (HQCJ), which is judicial selection.

In other words, any complaints filed against judges must be thoroughly substantiated to prevent this mechanism from turning into a tool for spam or pressuring judges.

Furthermore, if violations in a judge's conduct or cases of false reporting are identified, the HQCJ should carry out its inquiry in full compliance with all statutory procedures. If anyone has committed a violation, they must face fair accountability and receive an appropriate sanction.

Judicial reform is effectively the foundation of the first cluster on Ukraine’s path to the European Union, and this Law is one of its key elements. What are the plans for the future?

The Fundamentals cluster, which includes the Rule of Law, is the most crucial one. The negotiation process begins with this cluster and closes with it.

Ukraine has already come a long way, and Parliament has passed a series of laws aimed at ensuring the rule of law in the country. These laws were a necessary prerequisite for obtaining candidate status and opening the first cluster, which, in turn, unlocks progress across other negotiation chapters.