Law on New Declaration Rules for Judges Published

The Ukrainian newspaper "Holos Ukrayiny" published Law No. 4905-IX "On Amendments to the Law of Ukraine 'On the Judiciary and the Status of Judges' and the Law of Ukraine 'On the High Council of Justice' regarding the improvement of judges' integrity declarations and judges' family ties."

As previously reported by "Judicial and Legal Newspaper", law 4905-IX establishes the procedure for submitting a single integrated declaration concerning judges' integrity and family ties, strengthens the accountability of the judiciary in accordance with the European Commission's recommendations — through mandatory disclosure in declarations of the legality of property origin.

The document is part of Ukraine's commitments to strengthen the rule of law and cleanse the judiciary of dishonest elements. The main goal is to make the process of declaring family ties and integrity not just a formality but a mechanism for monitoring a judge's life.

The document introduces amendments to the basic Laws "On the Judiciary and the Status of Judges" and "On the High Council of Justice." The most pressing issues include involving international experts, protecting relatives' personal data, and limitation periods for inspections.

Main Innovations

As indicated by Judicial and Legal Newspaper, instead of several different reports, judges will submit one integrated declaration. Reporting will be done electronically on the official website of the High Qualification Commission of Judges (HQCJ) annually by May 1.

It will consist of a clear list of statements where one must select "confirm" or "do not confirm," along with detailed information about relatives.

The law radically expands the circle of persons whose relationship with the judge must be declared if they held high positions within the last 5 years. Concealing relatives in the power vertical will entail liability. The updated list includes:

• members of the High Council of Justice (HCJ), HQCJ, judges, and court staff;
• the President of Ukraine, Head of the President's Office, and their deputies;
• members of parliament, Cabinet members, heads of NABU and NAPC;
• members of the Public Integrity Council (PIC) and the Ethics Council.

In addition to monitoring assets and property, new points will be introduced in the declaration to verify the judge's civic and professional stance. In particular, every servant of Themis will be required to officially confirm:

• Non-visitation of the aggressor state's territory and temporarily occupied territories of Ukraine;
• Non-cooperation with the Russian occupation administrations since February 20, 2014;
• Use of the Ukrainian language as the sole state language during justice administration and court sessions;
• Unconditional adherence to the Code of Judicial Ethics.

Verification Mechanism

The HQCJ receives the authority to conduct checks based on information from any person reasonably indicating data inaccuracies.

Verification may be initiated no later than three years from the date of declaration submission.

If the information about inaccuracies is confirmed, materials are forwarded to the disciplinary proceedings body (HCJ).

The law allows the HQCJ to determine the order of checks in the Regulations. Without clear legislative criteria, this creates room for subjectivity or political pressure on judges.

The document also addresses financial guarantees. Article 135 establishes that for calculating a judge's salary, no amount other than the subsistence minimum for able-bodied persons as of January 1 of the respective year may be applied. This puts an end to government attempts to manipulate judges' salaries through subordinate acts.

The Cabinet of Ministers is tasked with developing a draft on temporary features of individual verification of Supreme Court judges and higher specialized courts within 6 months, involving independent experts.

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