Judicial reform bills contain distorted international obligations - ex-NACP member
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
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
Educational events
Where does an advocate's time go and what do they get in return
To assess balance in life, it’s worth identifying the areas where the most effort, time, and money are directed, and then determining what a person receives in return: income, respect, support, love, a sense of significance or the fulfillment of an important idea.
Court practice
The SC has clarified the different ways to respond to a lawyer's request that is ignored
If there is no response to an advocate’s request, the advocate has the right to file a petition with the Bar Association to hold the person administratively liable. An advocate may challenge the failure to provide information necessary for the provision of legal assistance on behalf of the client, rather than in their own name.
Discussion
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed
The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.
Discussion
Original, device and methodology: how digital evidence is verified
To verify the authenticity of an audio or video recording or a digital image, an expert needs information about the file’s origin, how it was created, and, if possible, the original medium and the corresponding device. Without this information, the scope of the investigation may be limited.
Discussion
Security has a greater impact on land prices during wartime than fertility – an opinion
The difference in the cost of agricultural land between western and frontline regions is primarily determined by security risks, the feasibility of cultivation, and the costs of demining. At the same time, the land market continues to function, and the cost of land parcels and leases is rising.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates