New Standard for Judicial Remuneration and Features of the Supreme Court Review: The Cabinet Prepares New Rules for Inspection with the Participation of International Experts

Law of Ukraine No. 4905-IX, which came into force on June 25, is a response to prolonged discussions about the transparency of the judiciary and the fairness of judges' remuneration. The document amends the basic Law "On the Judiciary and the Status of Judges" and the Law "On the High Council of Justice," focusing on three areas: unification of declarations, strengthening inspections, and stabilizing the salary calculation formula.

Unified Declaration: A New Standard of Accountability

A single Declaration of Integrity and Family Ties for Judges is introduced, replacing two separate declarations.

The declaration must be submitted annually by May 1 electronically through the official website of the High Qualification Commission of Judges of Ukraine (HQCJ).

The obligation to submit applies to sitting judges, members of the HQCJ, and candidates for judicial positions.

The introduction of a unified declaration aims to simplify the declaration procedure, increase transparency, and ensure an adequate level of accountability within the judicial system.

Family Ties: Who Does the State Now Recognize?

The law significantly expands the list of persons whose family ties must be declared if such persons have held positions defined by law within the last five years.

From now on, family ties must be declared with:

• members or employees of the secretariats of the High Council of Justice (HCJ),
• the High Qualification Commission of Judges of Ukraine (HQCJ),
• the State Judicial Administration of Ukraine (SJA),
• judges, including judges of the Constitutional Court of Ukraine,
• prosecutors, lawyers, and notaries.

This list also includes the President of Ukraine, Head of the Office of the President of Ukraine, Secretary of the National Security and Defense Council of Ukraine and their deputies, members of the Verkhovna Rada of Ukraine, members of the Cabinet of Ministers of Ukraine, heads of central executive bodies, leadership of the National Anti-Corruption Bureau of Ukraine, National Agency on Corruption Prevention, members of the Accounting Chamber, Central Election Commission, Board of the National Bank of Ukraine, as well as members of the Public Integrity Council and the Ethics Council.

This approach is intended by the legislator to minimize the possibility of hiding potential conflicts of interest by not declaring family ties with persons who have or recently had significant influence in the state power or judiciary system.

Special attention is paid to the content of statements that a judge must confirm or deny for the past year. A judge declares non-entry into the territory of the aggressor state or occupied territories and the absence of cooperation with them after February 20, 2014.

The judge must also confirm the use of the Ukrainian language as the sole state language during the administration of justice and the absence of actions aimed at acquiring foreign citizenship.

The judge must also confirm recognition of the sovereignty of Ukraine over its entire territory within the internationally recognized state border, including temporarily occupied territories. Such confirmation is part of the declaration of integrity and certifies adherence to the constitutional principles of statehood and territorial integrity of Ukraine.

New Rules for Judges' Remuneration

Law No. 4905-IX introduced a new approach to determining judicial remuneration.

From now on, the basic salary of a judge is calculated exclusively based on the subsistence minimum for able-bodied persons established by the Law on the State Budget of Ukraine for the respective year. The use of any other calculation base for determining judicial remuneration is prohibited.

These changes are enshrined in part three of Article 135 of the Law of Ukraine "On the Judiciary and the Status of Judges".

The purpose of the innovation is to prevent the use of a so-called "frozen" or separate judicial subsistence minimum, which was previously used to limit the amount of judicial remuneration. The law explicitly states that only the subsistence minimum for able-bodied persons established by the State Budget Law of Ukraine can be used to calculate judges' salaries.

International Experts and the Supreme Court

The law contains an important "provision" for the future. The Cabinet of Ministers is tasked with submitting a draft law within 6 months on the introduction of temporary features of individual integrity checks for judges of the Supreme Court and higher specialized courts. The main innovation is the involvement of independent experts in this process.

By December 2026, the Cabinet of Ministers of Ukraine must develop and submit to the Verkhovna Rada a separate draft law defining the temporary features of the inspection procedure. Independent experts will be involved exclusively in the verification of declarations of judges of the Supreme Court and higher specialized courts, not in the general monitoring of the entire judiciary.

Although the final procedures will be defined in the new law from the Cabinet, according to proposals discussed during the preparation of the law, independent experts may only be Ukrainian citizens who possess high moral qualities, impeccable business reputation, are lawyers with recognized professional competence, and meet the criterion of political neutrality.

The main goal of their involvement is to assist the HQCJ in conducting inspections.

The development of provisions regarding independent experts should not be done in isolation but must obligatorily take into account the conclusions of the Venice Commission ("For Democracy through Law"), recommendations of the Consultative Council of European Judges and the Committee of Ministers of the Council of Europe, and international principles of judicial independence.

Summary and Risks of the Reform

Law No. 4905-IX comprehensively changes approaches to the functioning of the judicial system, combining additional guarantees of judicial independence with strengthened requirements for their integrity and openness. On the one hand, it provides a more predictable mechanism for determining judicial remuneration by linking it to the subsistence minimum for able-bodied persons established by the State Budget Law of Ukraine. On the other hand, it significantly expands the amount of information judges must disclose in declarations of integrity and family ties, including regarding close persons and confirmation of fundamental constitutional values.

At the same time, the law strengthens mechanisms of public control, as declarations of integrity are open and published on the official website of the High Qualification Commission of Judges of Ukraine, and the procedure for submitting and reviewing reports on possible inaccuracies has become more clearly regulated.

The HQCJ receives a huge volume of work verifying thousands of declarations, which, given limited staff, may slow down other processes, such as the selection of necessary personnel.

The introduction of the institution of independent experts for verifying the integrity of judges of higher instances is one of the most controversial points of judicial reform. According to the Final Provisions of the law, the procedure involving independent experts is defined as temporary. This creates a risk of selective justice and lack of stability: judges undergoing verification now may face different conditions than those who will be checked after the "temporary" period ends. However, the main risk discussed in the legal community concerns delegation of state functions, particularly personnel control in the judiciary, to persons acting as representatives of international organizations. Models where independent experts have a decisive vote may be perceived as interference in the constitutional powers of appointing authorities.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp pages on Facebook and Instagram to stay informed about the most important events.