The Commission plans to start considering the approval of the general results of the first stage of the qualification evaluation “Passing the Qualification Exam” for admission to the second stage “Dossier Study and Interview” of candidates who have successfully passed the qualification exam within the framework of the competition for vacant positions of judges in appeal courts announced by the Commission’s decision of September 14, 2023, № 94/zp-23 (as amended).
According to paragraph 3 of part four of Article 793 of the Law of Ukraine “On the Judiciary and the Status of Judges”, one of the stages of competition for vacant positions of judges in appeal courts is a special check of candidates for the position of judge admitted to the stage of “Dossier Study and Interview” in accordance with Article 75 of this law.
Paragraph 10. 1 of the Regulation on Competitive Recruitment for Vacant Judicial Positions, approved by the Commission’s decision of November 02, 2016, № 141/zp-16 (as amended by the Commission’s decision of February 29, 2024, № 72/zp-24), stipulates that in competitions for vacant judicial positions, including those of appeal courts that were started and not completed before the entry into force of 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”, the documents provided for by this provision and required for a special check shall be submitted in the manner and within the time limits determined by the Commission’s decision.
The list of documents required for conducting a special check is determined by paragraph 2 of the Procedure for conducting a special check regarding persons applying for positions that involve holding responsible or particularly responsible positions, as well as positions with an increased corruption risk, approved by the Resolution of the Cabinet of Ministers of Ukraine dated March 25, 2015, № 171 (as amended by the Resolution of the Cabinet of Ministers of Ukraine dated August 27, 2022, № 959, hereinafter referred to as the Procedure).
This list includes documents that were not designated as mandatory for submission by candidates for the position of a judge within the framework of the competition for vacant judicial positions in appeal courts.
After the general results of the first stage of qualification evaluation are approved, the Commission will set a deadline (approximately 5 calendar days) for candidates to submit or update documents for the purpose of conducting the special check.
Candidates for the position of a judge are requested to prepare the following documents in advance:
- A written consent to undergo a special check in the form specified in Annex 1 to the Procedure;
- An autobiography as of the date of consent to undergo the special check, created in electronic form, printed, personally signed, and containing, in particular, information about: surname, first name, and patronymic (if available), date and place of birth, citizenship (including citizenship (nationality) of a foreign state(s)), documents granting the candidate the right to permanent residence in foreign countries (if available), as well as the fact of submitting documents necessary for obtaining citizenship (nationality) of a foreign state(s); education (name of the higher education institution (other educational institution), year of admission and graduation, diploma details, obtained educational qualification level (degree), specialty, qualification, academic degree); the presence of access to state secrets, as well as instances of revocation of previously granted access due to violations of state secrecy legislation (or refusal to grant it); the candidate’s status regarding military service obligations (conscript, reservist, or liable for military service); military service history (if applicable) and/or registration in the military reserve; last place of work (service) and position;
- A certificate of undergoing preliminary, periodic, and unscheduled psychiatric examinations in the form of primary accounting documentation № 100-2/o;
- A certificate confirming access to state secrets (if applicable), prepared in the form defined by the legislation on state secrets;
- A statement as provided for in part one of Article 6 of the Law of Ukraine “On Lustration”;
- A copy of the declaration of a person authorized to perform state or local self-government functions for 2024.
According to paragraph 3 of the Procedure, the verification of information about the candidate during the special check process is conducted by the National Agency on Corruption Prevention to verify the accuracy of the information specified in the declaration of a person authorized to perform state or local self-government functions for the previous year.
Candidates for the position of a judge must also submit in advance their declaration of a person authorized to perform state or local self-government functions for 2024 on the portal of the National Agency on Corruption Prevention.
Please be reminded, that according to the Procedure for conducting preliminary, periodic, and unscheduled psychiatric examinations, including for the use of psychoactive substances, approved by the Order of the Ministry of Health of Ukraine dated April 18, 2022, № 651, the validity period of the certificate in the form of primary accounting documentation № 100-2/o is one year from the date of examination.
Other documents necessary for conducting the special check, as provided by the Procedure, specifically, copies of passport pages of a citizen of Ukraine in booklet form or the front and back sides of a citizen’s passport in card form, as well as an extract from the territorial community register to confirm residence (stay) information and a military registration document must be submitted by candidates for the position of a judge in case of changes in the information or previously submitted documents.