The President signed Draft Law No. 9322 "On Amendments to Certain Legislative Acts of Ukraine on Clarification of Provisions on Competitive Selection of Candidates for the Position of a Judge of the Constitutional Court of Ukraine". This decision restores the special checks of judicial candidates, which are carried out in a comprehensive manner by a number of state bodies. In particular, the National Agency on Corruption Prevention (NACP) checks whether a person is included in the Unified State Register of Persons Who Committed Corruption or Corruption-Related Offenses, as well as the accuracy of the information provided in the declaration.
The NACP checks the declaration submitted by the candidate for the previous year and analyzes the compliance of the declarant's and his or her family members' expenses for the acquisition of assets (movable or immovable property, monetary assets, cryptocurrency, corporate rights, etc.) with the income received from legal sources for the entire period of life.
If the NACP reveals that the assets do not correspond to the income in an amount equal to or exceeding the 100 subsistence minimums for able-bodied persons established on the day of submission of such a declaration, the appointing authority shall refuse to appoint the candidate.
On August 20, 2023, the draft law came into force. With this decision, Ukraine fulfilled the first recommendation of the European Commission for EU membership. The recommendations of the Venice Commission, which strengthen the role of international experts in the selection of candidates, were also taken into account.
Temporarily, during the period of martial law in Ukraine, candidates for the positions of judges, judges of the Constitutional Court of Ukraine, members of the High Council of Justice, and members of the High Qualification Commission of Judges of Ukraine are subject to a special check in accordance with the Law of Ukraine "On Prevention of Corruption", as well as the check provided for by the Law of Ukraine "On Purification of Government".
"Ukraine must establish and adhere to high standards of justice. Vetting a candidate for the position of judge is a necessary filter that will help weed out the unscrupulous at the start and prevent them from entering the judiciary. There is a great demand for this from citizens who expect protection in court during martial law, as well as from our international partners," said NACP Head Oleksandr Novikov.
The NACP is technically ready to conduct the vetting of judicial candidates and is awaiting requests from the relevant authorities.
