Judges will submit an updated declaration: what the HQCJ and society will check

Recently, the Law on Improving the Declaration of Integrity of Judges and Their Family Ties 4905-IX came into force.

As explained by the Committee on Legal Policy of the Verkhovna Rada, this bill was foreseen in the Ukraine Facility Plan. It is within this plan that Ukraine receives financial assistance from the European Union. Therefore, the adoption of the Law was important for obtaining the corresponding support.

At the same time, the Verkhovna Rada points out that this is an additional element of accountability of the judiciary to society and citizens. Thus, the adoption of this Law was important not only for receiving funding but also, to some extent, for advancing Ukraine on the path to full membership in the European Union.

What exactly this combined declaration is about

The law provides for certain optimization. Previously, there were two declarations. The declaration of a judge’s family ties, which indicated which family members worked in various government positions so that the public could track relevant connections and possible conflicts of interest, as well as the declaration of integrity.

The declaration of integrity contains a list of statements in which judges annually confirm the absence of grounds for disciplinary liability, the absence of various violations, etc.

Since many of the statements duplicated other procedures, the document was optimized: clear statements were formulated, duplication was eliminated, and it was also filled with new content.

Combining declarations and the situation with the selection of judges in Ukraine

This will not directly affect the procedure for selecting judges. At the same time, the Committee notes that any citizen of Ukraine who has grounds to believe that a judge has submitted false information in the declaration can appeal to the High Qualification Commission of Judges (HQCJ) to verify these statements. If it is established that the data is false, the judge may be subject to disciplinary action.

The law is one of the mechanisms aimed at ensuring transparency and integrity in the judiciary.

Innovations included in the Law

The Law provides new statements regarding the recognition of Ukraine’s territorial integrity, the extension of Ukraine’s state sovereignty over its entire territory, as well as the inadmissibility of cooperation with the aggressor state.

These are important matters that cannot be verified through an asset declaration.

As noted by the parliamentary Committee, citizens of Ukraine can contact the High Qualification Commission of Judges of Ukraine (HQCJ) with reports of possible false information in a judge’s declaration.

As explained by the Verkhovna Rada, to appeal to the HQCJ, it is not necessary to be a participant in a court case or have any personal ties with the judge. It is enough to have information that may indicate a violation and to provide appropriate justification and supporting materials.

After receiving such an appeal, the Commission may initiate a verification. If necessary, the HQCJ will request additional information from the judge and other government bodies.

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