The Ethics Council refutes inaccurate information about its activity disseminated by the High Council of Justice

The Ethics Council refutes inaccurate information about its activity disseminated by the High Council of Justice

There was published information at the HCJ’s official website on 9 February 2022 that allegedly “the Ethics Council has not started evaluation of candidates for vacant positions of the HCJ’s members, the Ethics Council has changed previously determined dates of interviews with the candidates and developed a new schedule in such a way that at first sitting members of the HCJ will be evaluated”. In the HCJ’s opinion, this violates the principle of institutional continuity of functioning of the HCJ as a constitutional body.

However, such information is not accurate in view of the following.

In fact, the Ethics Council started evaluation of candidates for the position of the HCJ’s member in terms of compliance with professional ethics and integrity criteria back on 24 December 2021.

With a view to checking candidates for the position of the HCJ’s member, the Ethics Council has considered, reviewed, and analyzed 38 packages of documents of candidates for the position of the HCJ’s member, acting in line with its authorities.

35 candidates have been admitted to the interview and 2 candidates have been refused in admission to the interview pursuant to the Ethics Council’s decision. Besides, in the process of evaluation 3 candidates have voluntarily withdrawn from the competition.

The Council starts conducting interviews with candidates for the position of the HCJ’s member on 21 February 2022.

Hence, according to provisions of the Law of Ukraine “On Introducing Amendments into Some Legislative Bills of Ukraine Regarding the Procedure of Selection (Appointment) for Positions of Members of the High Council of Justice and Activities of Disciplinary Inspectors of the High Council of Justice”, No. 1635-ІХ, order and procedure of evaluation of compliance of sitting members and candidates for positions of members of the High Council of Justice with the professional ethics and integrity criterion are determined by the Ethics Council taking into account the possibility of the High Council of Justice to perform its authorities in line with the Constitution of Ukraine.

According to Rule 1.2.2 of the Ethics Council’s Rules of Procedure, the Council primarily evaluates candidates for vacant positions of members of the High Council of Justice, competition for which has been announced in line with clause 3 of Section ІІ “Final and Transitional Provisions” of the Law of Ukraine “On Introducing Amendments into Some Legislative Bills of Ukraine Regarding the Procedure of Selection (Appointment) for Positions of Members of the High Council of Justice and Activities of Disciplinary Inspectors of the High Council of Justice”. After completion of respective competitions, the Council at once proceeds to evaluation of the HCJ’s sitting members. Further evaluation of the HCJ’s sitting members by the Council is carried out once available vacant positions of members of the High Council of Justice are filled in. However, regardless of the number of filled-in positions, the Council starts evaluation of remaining sitting members of the HCJ not later than on 8 February 2022.

This provision of the Ethics Council’s Rules of Procedure is explained by requirements of clause 4 of Section II “Final and Transitional Provisions” of Law No. 1635-IX, which stipulates that within six months of adoption of its composition the Ethics Council shall carry out one-time evaluation of compliance of members of the High Council of Justice (except for the President of the Supreme Court) with the professional ethics and integrity criteria. Given that in line with requirements of the law the Ethics Council has to complete evaluation of the HCJ’s sitting members by 9 May 2022, 8 February 2022 is the latest possible date for the start of such evaluation which will allow the Council to analyze all necessary information and conduct interviews with the HCJ’s sitting members.

That is why the Ethics Council sent out emails to the HCJ’s sitting members with a notification about the start of their evaluation on 8 February 2022.

However, the Ethics Council would like to draw attention to the fact that pursuant to provisions of Law of Ukraine No. 1635-ІХ the start of the process of evaluating the HCJ’s sitting members does not entail their automatic suspension from positions and termination of their authorities.

Suspension from positions and termination of authorities of the HCJ’s sitting member are possible only after completion of evaluation, conduct of interviews, and exclusively provided that it is established that such member does not comply with the integrity and professional ethics criteria.

Thus, information published at the HCJ’s website that the Ethics Council has urgently and primarily started evaluation of the HCJ’s sitting members contrary to requirements of the Law and even without starting evaluation of candidates for positions of the HCJ’s members, which entails suspension of the sitting members and termination of their authorities, is not accurate.

You can see infographics attached here to to learn more about stages and differences in evaluation of candidates for the position of the HCJ’s member and the HCJ’s sitting members in terms of their compliance with the integrity and professional ethics criteria.