The participation of international experts has led to violations of citizens' rights to protection

Advocacy 8:00 Tue 01.12.20 23 Reviews Print

The participation of international experts in the formation of the Supreme Anti-Corruption Court has led to a violation of citizens' rights to protection.

This was stated by participants in the second national discussion "Access to Justice: Realities and Prospects".

Thus, a member of the Bar Council of Ukraine from the Khmelnytsky region Oksana Kadenko said that competitions with international participation led to the subjective selection of candidates and are influenced by information campaigns. In the future, according to her forecast, professional candidates will not participate in such competitions due to the bias of assessments.

According to her, international experts do not have sufficient awareness of legal and social realities and give erroneous conclusions about the contestants. "The admission of international experts enshrines in the law a legitimate system of subjective errors of persons who directly affect the justice system through the High Qualification Commission of Judges of Ukraine," - said a member of the Bar Council of Ukraine. She stressed that according to the bill №3711 the international experts will have a decisive influence both in the formation of the High Anti-Corruption Court of Ukraine and in the formation of the High Qualification Commission of Judges of Ukraine.

“As for High Anti-Corruption Court of Ukraine, international experts had absolute power, namely, removing candidates from the distance; and in the model of the bill №3711, they directly influence the selection of the High Qualification Commission of Judges of Ukraine members,” Oksana Kadenko emphasized.

She suggested replacing international experts with national ones. At the same time, foreign specialists can be involved in the selection of national experts as a compromise solution.

"If we keep the model of the bill №3711, then part 3 of Article 95-1 can be worded as follows: "The composition of the competition commission includes: three persons selected among judges or retired judges; three persons selected among the national experts appointed by the High Council of Justice on the basis of proposals of international experts, the range of which is also determined by law; three persons selected among lawyers, prosecutors and representatives of higher legal educational institutions ", - suggested a member of the Bar Council of Ukraine.  Regardless of the model used, the Supreme Council of Justice should have the right to reject, re-evaluate, verify, etc., the proposals of the tender commission for candidates for members of the High Qualification Commission of Judges of Ukraine.

According to the member of the Bar Council of Ukraine, in bill №3711 the competition to the High Qualification Commission of Judges of Ukraine does not contain a mechanism of checks and balances, as well as correction of mistakes if they are made by the competition commission. Such mechanisms must be implemented through the powers of the High Council of Justice. At the same time, the High Council of Justice should have its safeguard against abuse. She also suggested providing for the legal protection of candidates selected by international experts from information discrediting campaigns, during which personal data are disseminated and which have a targeted impact on the future results of the competition.

The Head of UNBA and the Head of the Bar Council of Ukraine Lydia Izovitova expressed a warning that no model of competition for the High Anti-Corruption Court of Ukraine with an international component should contradict the Constitution.

"It is better to keep Article 5 of the Constitution of Ukraine on democracy than to keep the model of Bill 3711 regarding the participation of international experts. Because, even if national experts are represented instead of international ones, but they are proposed by international institutions, whose impact will it be? Let us stand on the platform of the current Constitution of Ukraine, and discuss the issue from this position, "- the Head of UNBA, Bar Council of Ukraine Lydia Izovitova called during the discussion.

The Head of the Kyiv Region Bar Council, Petro Boyko, stressed that the High Anti-Corruption Court of Ukraine is working with an accusatory bias. Therefore, this court cannot be considered an example of the successful involvement of international experts in judicial reform.

"As for the participation of international experts, we see that these courts are suitable as political instruments, but not as a body of justice. Any doubts must be interpreted in favor of the accused. But here any doubts are interpreted in favor of the accused. Anyone who has crossed the High Anti-Corruption Court of Ukraine threshold already has a guaranteed place in prison. We are deprived of competition. This is a court of the crowd, "said Petro Boyko, Head of the Kyiv Region Bar Council. According to him, international experts lead to a different result, first, to a violation of Article 6 of the Convention, which guarantees everyone the right to a fair trial. "It is impossible to exercise this right in this court," said the head of the Kyiv Region Bar Council.

It will be recalled that during the first national discussion on November 23, 2020, the experience of forming the High Anti-Corruption Court of Ukraine with the participation of international experts was also discussed. The Head of UNBA, Bar Council of Ukraine Lydia Izovitova pointed out that promoting the idea of ​​involving international experts in the formation of constitutional and state bodies could further have a devastating effect not only on the independence of the judiciary. A similar requirement may eventually apply to the formation of the legislature and other elections when candidates will be filtered by international commissions.

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