HQCJU has begun selection process of members of the Public Council of International Experts within the frameworks of the preparation of the competition to the High Anti-Corruption Court
The High Qualification Commission of Judges of Ukraine promptly started the preparatory process for conducting the competition for judges to the High Anti-Corruption Court immediately after the adoption of the Law “On the High Anti-Corruption Court” (hereinafter – the Law).
On July 10, 2018, at its request to the Ministry of Foreign Affairs of Ukraine, the Commission received comprehensive information on International organizations with which Ukraine cooperates in the area of prevention and counteraction of corruption in accordance with international treaties of Ukraine.
This preparatory process is carried out in pursuance of part one of Article 9 of the Law, according to which the Commission has to establish the Public Council of International Experts for a term of six years as an auxiliary body to assist the Commission in preparing decisions on the appointment of judges to the High Anti-Corruption Court.
The Public Council of International Experts carries out its powers consisting of six members appointed by the High Qualification Commission of Judges of Ukraine solely on the basis of proposals from International organizations with which Ukraine cooperates in the area of prevention and counteraction of corruption in accordance with international treaties of Ukraine (Article 9 of the Law).
Such International organizations according to the list received from the Ministry of Foreign Affairs of Ukraine are:
1) United Nations Office on Drugs and Crime (UNODC);
2) UN Human Rights Council: Special Rapporteur of the Human Council on the independence of judges and lawyers;
3) Group of States Against Corruption (GRECO);
4) Committee of Experts on the Evaluation of Anti-Money Laundering Measures (MONEYVAL);
5) Organization for Economic Cooperation and Development (OECD);
6) The European Union’s Judicial Cooperation Unit (EUROJUST);
7) Europol;
8) European Partners Against Corruption (EPAC);
9) European Anti-Fraud Office (OLAF);
10) Financial Action Task Force on Money laundering (FATF);
11) Organization for Security and Co-operation in Europe (OSCE);
12) Interpol;
13) World Bank;
14) European Bank for Reconstruction and Development (EBRD).
“On July 17, 2018, the Commission, with the support of the Ministry of Foreign Affairs of Ukraine, sent invitations to these organizations regarding to provide us with proposals on the selection procedure and the personalities of potential candidates for their appointment as members of the Public Council of International Experts in accordance with the list of the Ministry of Foreign Affairs of Ukraine. Already yesterday Permanent Representative of Ukraine to the Council of Europe Dmytro Kuleba handed over relevant invitations to GRECO and MONEYVAL, which are current bodies of the Council of Europe”, said
Sergii Koziakov, the Chairman of the HQCJU.
At the same time, it is worth to mention, that the final list of mentioned International organizations is still under the clarification process.
We would like to kindly recall that citizens of Ukraine or foreigners who have an impeccable business reputation, high professional and moral qualities, public esteem, at least five years working experience in other countries in implementation of procedural guidelines, maintenance of public prosecution in court or execution of legal proceedings in corruption-related cases can be appointed to the Public Council of International Experts composition.
“The Commission has been very quickly involved in the process of establishing the High Anti-Corruption Court. So, we also anticipate fast and effective coordination of international partners to delegate their representatives to the Public Council of International Experts. From its part, the Commission is ready, as always, to ensure maximum transparency of all stages of the competition in accordance with international standards in the area of justice during the competition for the positions of judges to the High Anti-Corruption Court”, ̶ emphasized Sergii Koziakov.
He also noted that the Commission is constantly working with International organizations interested in the effective implementation of judicial reform in Ukraine. “Only the competition process to the Supreme Court was followed by 25 representatives of 7 international institutions. Therefore, we put high hopes on the Public Council of International Experts in this competition”, ̶ stated the Chairman of the HQCJU.
As it was noted earlier, in accordance with paragraph 3 of Section VI “Final and Transitional Provisions” of the Law, the competition for the positions of judges of the Appeal Chamber of the High Anti-Corruption Court and for the positions of other judges of the High Anti-Corruption Court shall be announced and conducted within twelve months from the date of entry into force of the Law.
The High Anti-Corruption Court starts its work subject to appointment according to the results of the competition, conducted in accordance with the
Law of Ukraine “On the Judiciary and the Status of Judges” and the Law of Ukraine “On the High Anti-Corruption Court” of at least thirty five judges, at least ten of whom should be judges of the Appeal Chamber of the High Anti-Corruption Court (paragraph 5 of Section VI “Final and Transitional Provisions” of the Law).
