Judicial reform bills contain distorted international obligations - ex-NACP member

Advocacy
9:08 Tue 01.12.20 516 Reviews
Print

             Oleksandr Seryogin, a former member of the National Agency on Corruption Prevention (hereinafter - the NACP) and an associate professor at the Institute of International Relations, is convinced that the role of international experts in the formation of the judiciary is interpreted in the draft laws on judicial reform as distorting Ukraine’s international obligations.

             He stated this during the second national discussion "Access to Justice: Realities and Prospects".

             "We are ready to overfulfill the obligations, according to these bills, to solve the problems that will arise after over fulfillment. The destruction of the judicial selection system, which is the core of statehood and the judicial system, constitutes the end of statehood and a systemic problem. These bills are a distortion, an imitation of performance of international obligations ", - Oleksandr Seryogin considers.

             The scientist referred to the text of the letter to the IMF Managing Director dated 02.06. 2020, signed by the President of Ukraine and other officials, stating that "Ukraine will ensure that the management and implementation of the selection process of judges and disciplinary mechanisms will be carried out by persons with a high level of competence, trust, and integrity."       However, the implementation of this idea must comply with the Constitution. If international obligations contradict the Constitution of Ukraine, constitutional amendments are required to accede to such international obligations.

             "In proposing these bills, we should not rewrite international obligations that have the highest legal force. Moreover, we should not rewrite such in a way that contradicts the Constitution. Speaking about the declaration system, if a body with the involvement of third parties is created, then, according to our legislation, this body performs state functions. Therefore, members of these bodies must submit declarations. However, this body was given an advisory status. At the same time, in the proposed bills, advisory functions are completely changed and the functions of state power are appropriated, which contradicts the Constitution,”- Oleksandr Seryohin stressed.

             Similarly, he called that the bills are distorted because of the interpretation of the obligation to strengthen administrative procedures as a mechanism to ensure a high level of judicial review of cases in which the decisions of national authorities are challenged.

             The former NACP member also criticized the idea of ​​an expert commission for pre-selection of candidates for the High Council of Justice, which has state functions. In his opinion, this replaces the constitutional subjects of the High Council of Justice formation, prescribed in Article 131.

             "There are constitutional entities that have the appropriate powers to form a body of judicial governance. To allow these subjects to choose from among the candidates already pre-elected by someone is, at least, a bold attack on their powers, " - Oleksandr Seryogin said.

             This position was supported by the Head of the UNBA Committee on Free Legal Aid Oleksandr Drozdov, who referred to the Vienna Convention on the Law of Treaties. "Article 31 states that" international treaties are interpreted in good faith, in accordance with the ordinary meaning to be given to the terms of the treaty in their context, and in the light of its object and purpose." The one should not take from there those things which are not mentioned, and then apply them at the level of the national legislation,"- said Oleksandr Drozdov.

             We recall that during the discussion on November 30 such themes as the role of professional communities in the development of legislation on the judiciary and the bar, the constitutional aspects of the participation of international experts in the formation of judicial governance were discussed. You can watch the full video of the event here.

Popular news

The UNBA is developing a concept for a Center for expert research

Interaction

The UNBA is developing a concept for a Center for expert research

The Ukrainian National Bar Association has begun work on a concept for a Center for expert research, which is intended to provide advocates and their clients with access to specialized knowledge and the ability to have expert opinions professionally reviewed.

17:18 Fri 24.07.26 104
Ombudsman calls for a firm response to violence against advocates

Guarantees of the practice of law

Ombudsman calls for a firm response to violence against advocates

Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.

16:13 Fri 17.07.26 229
The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Greetings

The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.

19:43 Thu 16.07.26 225
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy

Legislation

The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy

The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.

14:26 Thu 09.07.26 191
Advocates are invited to the III UAA Arbitration Academy 2026

Announcements

Advocates are invited to the III UAA Arbitration Academy 2026

The UNBA, at the initiative of the Committee on alternative dispute resolution, invites advocates, lawyers, students, judges, government officials and anyone interested in international arbitration to participate in the III UAA Arbitration Academy 2026.

19:25 Mon 06.07.26 122
How can an advocate recharge if fatigue persists after the weekend?

Educational events

How can an advocate recharge if fatigue persists after the weekend?

Fatigue resulting from prolonged stress does not always go away after sleep, a weekend, or a vacation. In situations of chronic stress, it is important for advocates not only to «take a break» but also to understand exactly which resource has been depleted and what type of rest is needed.

12:03 Mon 06.07.26 111
Complaints, time limits and prosecutorial powers: what gaps in the CPC do advocates see?

Discussion

Complaints, time limits and prosecutorial powers: what gaps in the CPC do advocates see?

During the pretrial investigation stage, the effectiveness of the defense depends to a large extent on the proper implementation of procedural safeguards: the timely consideration of complaints, the advocate’s access to information regarding the progress of the proceedings and so on.

16:24 Fri 03.07.26 133
The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU

Guarantees of the practice of law

The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU

An advocate’s membership in the UNBA is an element of professional status arising by virtue of law, rather than a voluntary private membership in an association. Therefore, failure to disclose it in a declaration should not automatically lead to the conclusion of unethical conduct or the concealment of a private interest.

12:28 Fri 03.07.26 253

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл