The recommendations of the Venice Commission are not taken into account, according to the organization.
The global anticorruption organization Transparency International in Ukraine, urged President Petro Poroshenko to withdraw the bill on the anti-corruption court and to introduce new ones. TI-Ukraine believes that the document does not take into account the recommendations of the Venice Commission.
“First, in paragraph 5 of article 8 of the draft law envisages only an Advisory role of the Public Council of international experts. His negative opinion on a candidate for a judgeship can be ignored by the High qualifications Commission of judges of Ukraine – by 11 of the 16 members vkks. Instead, the Venice Commission recommended that international organizations and donors a decisive role in the selection process of judges. Consequently, called into question the purity of the selection of judges”, – reported on the website of the anti-corruption organization.
“Secondly, subject-matter jurisdiction of the Higher anti-corruption court does not include all crimes, the accused NABOO. At the same time extended to a number of crimes, defendants of the National police of Ukraine and the State Bureau of investigation. In the opinion of the Venice Commission clearly stated that the jurisdiction of the court should answer the investigative jurisdiction of the NEB, and SAP. It can load Higher anti-corruption court with too many cases”, – added in the TI-Ukraine.
“Thirdly, part 2 of article 7 of the draft law defines the unrealistically high requirements for candidates for the position of judge of the Supreme court anti-corruption. So, candidate except work experience as a judge/lawyer, research activities must have significant experience in implementation of international intergovernmental organizations and international judicial institutions abroad professional activities in the field of law on combating and fight against corruption, have knowledge and practical skills of application of modern international anti-corruption standards and best world practices in the sphere of counteracting and combating corruption, law of the European court of human rights. These requirements significantly narrow the number of potential candidates for judges of the Higher anti-corruption court, which, predictably, will not allow to properly organize their selection,” the report says.
The organization doubts that this document will enable to carry out an independent and impartial selection of judges and to ensure the proper functioning of the future of Higher anti-corruption court.
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