Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

Unofficial transfer (c) Soyuzpravoinform LLC

DECISION OF THE NATIONAL SECURITY AND DEFENSE COUNCIL OF UKRAINE

of June 23, 2023

About acceleration of judicial reform and overcoming manifestations of corruption in justice system

Within essential activation and transfer in the practical plane of processes of the European and Euro-Atlantic integration of Ukraine the National Security and Defense Council of Ukraine:

states that judicial reform as one of the main cores of democratic development of the Ukrainian state is key and priority for the state;

maintains need of implementation of system of urgent steps on recovery of level of credibility to judicial branch of the power and strengthening of measures for steady carrying out judicial reform as one of core elements of ensuring supremacy of law;

notes that the trust to the state institutes is the key to invariable rate of the state on acquisition of membership of Ukraine in the European Union and the North Atlantic Treaty Organization and is one of the key moments of ensuring national security. Successful carrying out judicial reform is one of seven basic requirements of the European Union for further promotion in the directions of the European and Euro-Atlantic integration of Ukraine;

emphasizes need of ensuring operational and transparent work of newly formed bodies of judicial management;

emphasizes need for respect for modern democratic principles of functioning of justice system, in particular:

- activities of judicial, law enforcement agencies and criminal and executive organizations shall be based on the principle of supremacy of law;

- independent, effective, available and responsible judicial authority is that power to which trusts society;

- the virtuous and highly professional judicial case shall function on the principles of responsibility and accountability before society;

- legal cases shall be considered in reasonable time by the principles of equality of all participants of process before the law and court, competitiveness, publicity and openness of legal procedure and with use of modern technical means;

- justice in Ukraine shall be available to each citizen.

Having heard reports of the Chairman of the Verkhovna Rada of Ukraine, the Chairman of Committee of the Verkhovna Rada of Ukraine on legal policy and the Vice-Prime Minister on the European and Euro-Atlantic integration of Ukraine concerning the challenges connected with ensuring fair justice, the National Security and Defense Council of Ukraine solved:

1. Address persons of law of the legislative initiative concerning need of consideration of question of introduction of such changes in:

1) the Criminal code of Ukraine regarding strengthening of criminal liability for corruption criminal offenses in the field of justice, having prescribed custodial sanction for a period of 10 up to 15 years with confiscation of property;

2) the Criminal Procedure Code of Ukraine regarding strengthening of role of institute of jury trial and expansion of cases of its application;

3) the laws of Ukraine "About judicial system and the status of judges" and "About the Supreme council of justice" relatively:

a) carrying out justice of check of all judges of the Supreme Court by the Supreme council regarding possible making by them of minor offenses or gross or systematic neglect the judge's obligations, confirmation of legality of sources of origin of property;

b) enhancement of procedure for election of judges of the Supreme Court in Big Chamber of the Supreme Court and introduction of the mechanism of their response by meeting of judges of the relevant courts of cassation;

c) carrying out according to the decision of the Supreme council of justice of check regarding possible making of minor offenses, gross or systematic neglect the judge's obligations, confirmation of legality of sources of origin of property of all judges of the relevant court in case of the message to one of judges of this court about suspicion of receipt of illegal benefit that also the authority of justice undermines public confidence to this court;

d) review and adjustment of the procedure of involvement of judges to disciplinary responsibility, having provided accurate determination of each of the bases of disciplinary responsibility of the judge and corresponding type of authority punishment, and also conditions and terms of its repayment, using at the same time best world practices;

") carrying out effective and transparent qualification estimation of judges on the best international standards and techniques as one of priority tasks of the highest qualification commission of judges of Ukraine;

e) possibilities of introduction of periodic psychophysiological poll of judges using polygraph;

e) introduction of psychophysiological poll using polygraph as conditions when matching candidates for judgeship of local court, tender on occupation of vacant positions of judges of Appeal Courts, the supreme specialized freighters and the Supreme Court for the purpose of development of the optimum and effective procedure of check of compliance of candidates for judges to criteria of respectability, professional ethics or existence of other circumstances which can negatively affect public trust to judicial authority in connection with appointment of such candidate for judgeship;

aa) adopt fair and transparent rules and procedures of consideration of ethical violations by high councilors of justice.

2. Recommend to the Verkhovna Rada of Ukraine to accelerate adoption of the bill of Ukraine on introduction of amendments to some laws of Ukraine concerning renewal of hearing of cases of rather disciplinary responsibility of judges and ensuring work of Service of disciplinary inspectors of the Supreme council of justice (the register. No. 9261).

3. Urge the Verkhovna Rada of Ukraine to approve the bill of Ukraine on modification of some legal acts of Ukraine concerning refining of regulations on competitive selection of candidates for judgeship of the Constitutional Court of Ukraine (the register. No. 9322).

4. To the Cabinet of Ministers of Ukraine in interaction with the European commission "For democracy through the right" (The Venetian commission) to prepare the concept of further reforming of the Constitutional Court of Ukraine.

5. Consider and resolve issue concerning formation in Ukraine of court with competence on protection of the rights of investors and investments.

Secretary of National Council of safety and defense of Ukraine

A. Danilov

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.