Positive attitude of lawyers to the procedure of qualification evaluation and trust in courts continues to grow–USAID survey
On July 3, 2019, a regular meeting of representatives of international technical assistance projects working in the field of strengthening the rule of law was held in Kyiv.
During the meeting, representatives of the USAID New Justice Program presented the results of a survey of professional lawyers (attorneys, prosecutors, court employees) and the first survey of jury members on judicial reform, and the capacity of the Ukrainian judicial system to uphold the rule of law and to support the fight against corruption, that was carried out in February-May 2019.
According to the results of the study, it turned out that during the last year the situation in the courts of Ukraine has improved. In particular, courts are becoming more and more user-friendly, which leads to a better perception of the latter.
In turn, attorneys and prosecutors’ attitude to the courts has become better as well. 72% of the respondents admit that, based on their experience of participating in litigation during the last 24 months, judicial decisions were clear and duly justified. 60% of respondents believe that judges take lawful and just decisions. According to the results of the previous survey of lawyers and prosecutors conducted in September 2018, the results were 59% and 53% respectively.
At the same time, the level of trust in the judiciary among professional lawyers has also increased. 65% of respondents tend to trust the Ukrainian judicial system, while 52% clearly agree that the level of professional qualification of judges is proper.
Respondents also agree that the introduction of a judge's qualification evaluation (80% against 76% in September 2018) and a competitive selection of judges of the Supreme Court (79% against 78% in September 2018) have a positive impact on the independence of judges, the stability of the judiciary and increased confidence in the judiciary.
Most lawyers also welcome the possibility for lawyers and scholars to apply for a judge of the Supreme Court and the High Anti-Corruption Court and involvement of public representatives in the process of selection (51% against 46% in September 2018). On the other hand, the involvement of representatives of the international community in the selection process of judges somehow loses the support of interviewed lawyers (56% against 61% in September 2018).
An interesting result of the study was that the survey revealed full joy and satisfaction of the jury concerning the work of courts: more than 90% of the jurors thought that judgments were well-grounded, clear, lawful and fair; they also did not notice any signs of pressure or influence on the judges by third parties.
The overwhelming majority of respondents consider corruption to be the biggest problem of Ukraine that indicates the importance of the newly created High Anti-Corruption Court.
More details about the research results can be found by the link.
Reference:
1. From November 7, 2016 to July 27, 2017, the Commission conducted the first competition for the replacement of 120 vacant positions of judges of cassation courts of the Supreme Court. On August 2, 2018, the Commission announced the second competition for the employment of 78 judges for vacant positions of cassation courts of the Supreme Court. On March 6, 2019, the second competition to the Supreme Court was completed and its winners were named. Thus, the formation of the highest instance, which was formed for the first time in Ukraine according to the results of the competition, has come to an end.
2. In compliance with the Law of Ukraine «On ensuring the right to a fair trial» dated February 12, 2015, No. 192-VIII, the Commission approved a qualification evaluation for compliance with the position held for 5180 judges of local and appellate courts.
3. The United States Agency for International Development (USAID) New Justice Program started its work in October 2016. The Program is implemented to support the judiciary, Government, Parliament, Civil Society and the people of Ukraine in the implementation of judicial reform taking into account the Constitutional amendments 2016 in Strategy for reforming the judiciary structure, the judiciary proceedings and related legal institutions and the Action Plan for its implementation for 2015-2020. The USAID New Justice Program builds on the achievements of the USAID Ukraine Rule of Law Project and USAID Fair Justice Project and will use its progress for coordination of close cooperation with Ukrainian partners, USAID and US Government Projects and other projects of International donor organizations in Ukraine.
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