preloader

What are you interested in?

Weekly analytics for 21 – 27 of June

28.06.2022

Political Points of the Centre of Policy and Legal Reform include a weekly expert analysis of the most important process in Ukraine in areas of constitutionalism, political parties and elections, governance and public administration reform, judiciary, combating corruption, criminal justice, etc.

If you want to receive expert Points for the last week of the current month every Tuesday by mail, please send an e-mail to media@pravo.org.ua.



The Ethics Council completes assessment of the HCJ candidates under the Parliament’s quota


Event

On June 23, the Ethics Council completed the assessment of candidates for the High Council of Justice (hereinafter – HCJ) under the quota of the Verkhovna Rada. The Ethics Council recommended four candidates for two vacant positions – R. Maselko, M. Moroz, O. Zaichko and V. Talko. Eight candidates were found to not meet the criteria of professional ethics and integrity.

On the same day, interviews were held with the final HCJ candidates under the scholars’ quota. As of June 27, no decisions have been made based on the assessment results.

 

CPLR’s assessment

 According to DEJURE Foundation, the Anti-Corruption Action Center, and Automaidan, there are circumstances that could indicate the failure to meet integrity criteria by at least two candidates recommended by the Ethics Council. Concerning O. Zaichko, there were doubts as to the legality of the origin of funds for the acquisition of valuable property and the decision she made, whereas regarding the V. Talko, there were doubts as to the declared property and income, as well as his political neutrality. As the Ethics Council has decided to hold closed-door interviews, it is currently not possible to assess the extent to which these doubts have been refuted by the candidates, which undermines the credibility of the decisions taken.

 At the same time, the Ethics Council did not recommend for election L. Golnyk, a well-known whistleblower judge from Poltava. Back in 2016, she published a video on which the mayor of Poltava tried to negotiate with her about closing the proceedings in the case regarindg the mayor’s alleged commission of a corruption-related administrative offense. This has led to many years of systematic persecution of Judge Golnyk, including the use of mechanisms of disciplinary and criminal liability (for more details, see para. 38 of the Shadow Report on the Status of Ensuring the Independence of Judges for 2017, para. 53 of the report for 2018, and para. 51 of the report for 2019). The Ethics Council found L. Golnyk as not meeting the criteria of professional ethics and integrity solely on the grounds of her purportedly violating the rules of judicial ethics, which did not even result in bringing the Judge to disciplinary responsibility.