search  
print
05.04.2017 | Halya Coynash

Old tricks mar hopes for a renewed Supreme Court in Ukraine

Protest over lack of information about candidates for SCU Photo TSN.ua.png
   

How can you believe in a transparent and fair competition for new Supreme Court judges when the goalposts shift in the middle of the game?  When the criteria for selecting only the strongest candidates have been fixed, yet 43 candidates who didn’t meet the criteria get slipped in?  These are only the latest hiccups to a competition which should be marking an important new stage in ensuring an independent judiciary in Ukraine. 

As reported earlier, Ukraine’s Verkhovna Rada adopted legislation in 2016 to both strengthen the role of the Supreme Court and to ensure a renewal process of its judges through competition.  Applications were invited for the first 120 vacancies in November 2016.   There were problems with transparency from the outset.  The full profiles of all candidates were supposed to be posted almost immediately on the official website of the High Qualification Commission of Judges, but were not.  Since the civic organization CHESNO had not just sounded the alarm over this breach, but had also provided worrying details about some of the candidates, concerns mounted. 

It also became clear that the initial hopes that candidates from outside the judicial system would serve as a way of renewing the judicial system should be abandoned.  The selection committee removed 45% of such candidates before any tests were taken meaning that only 189 of the 467 judges could possibly come from outside the system. 

The chances for any such renewal have narrowed by the day. 

Mykhailo Zhernakov, chief judicial reform expert for the Rehabilitation Package of Reforms [RPR] has given a worrying assessment of the latest scandal in an article entitled “Kivalov is leading in the competition for the Supreme Court”.  Serhiy Kivalov’s claims to notoriety range from his role in the rigging of the presidential elections in 2004 that resulted in the so-called Orange Revolution, in the judicial changes under Viktor Yanukovych that removed the last vestiges of judicial independence and in a highly contentious language law.  Kivalov, who remains an MP, is not himself a candidate, but Pavlo Vovk, a former aide is, and one of the members of the High Qualification Commission of Judges [the Commission], responsible for marking tests, is a close Kivalov associate.

On March 28, the Commission released the results of candidates’ practical tasks, this being the first test where some degree of subjective judgement is likely in selecting this or that candidate.  The next day, the same Commission suddenly announced that 43 candidates who had not reached the minimum score required were also being admitted to the next stage.

The Public Integrity Council, an overseeing body made up of representatives of NGOs, lawyers, scholars and journalists, immediately cried foul.  It demanded that the Commission publish the tasks themselves, the candidates’ work, and explanation of how they were evaluated, with each Commission member’s assessment given.  Such transparency was vital, especially given the doubts that could arouse about the sudden reinstatement of 43 candidates.  It asked also for the Commission to explain why the fact that these candidates had failed to obtain the minimum score which it had itself imposed had apparently been ignored. 

Zhernakov has raised the same issues, and more.  He believes that the results of this latest stage in the competition suggest likely rigging during the assessment of the practical task, and warns that “if the situation is not rectified without delay, we can forget about any judicial reform”.

He asserts that the results of the first written test were more or less what he and others closely following the procedure had anticipated.  The opposite, however, was true of this latest test, with the greatest divergences coming with the assessment of candidates for the Cassation Administrative Court.  This, he stresses, is the last stage in resolving the most important disputes between the authorities and individuals. 

Those who got through this stage, he says, are “functionaries of the administrative court system, known rather for their ability to carry out political instructions, than for the quality of their rulings”. 

He points particularly to Pavlo Vovk, a former paid assistant to Kivalov, and now the President of the District Administrative Court in Kyiv, which was especially notorious during Euromaidan for its rulings banning peaceful protest.

Vovk has also attracted the attention of the Skhemy anti-corruption journalist program on several occasions.  In 2013, he took a private plane on a trip to Norway with the rental cost of such a plane exceeding his official annual income.  In his 2014 declaration, he declared a huge amount in ‘gifts’, the source of which he was unable to explain.

Zhernakov does not conceal his suspicions with respect to another result.  Leonid Yemets, the first deputy head of the parliamentary committee on legal policy and the justice system and a highly experienced lawyer received the smallest number of marks among the candidates.  The author notes that he has long been a political opponent of Kivalov and that the member of the Commission who checked his work – Yury Titov – is known for his close relations to the same Kivalov.  The author says that various sources suggest that Titov is the informal dominant force among the three members of the Commission responsible for assessing the works of candidates for administrative courts.

“It transpires that a close contact of Kivalov is in charge of marks in a competition where a Kivalov assistant is winning, and where Kivalov’s opponents are losing.”  Zhernakov says it looks as though members of the Commission are conspiring to push the ‘required’ candidates.  While this cannot be proven, it is clear that he is not alone in expressing concern. 

This is the first stage in ensuring that judges in Ukraine no longer issue the rulings demanded of them by those in power, and are truly candidates worthy of safeguarding justice and rule of law.  Failure now would be disastrous. 

Recommend this post

comments

to post any message or commentary, you need to login »»

2017.04.22 | lee520

Bejesus, Maybe get plan decided to go New Nike Basketball Shoes 2 Cheap Nike Shoes Online 0 your Irish previous season. Notre Dame should be Nike Kd 6 much better Nike Clearance Store 6 Nike Shoes For Sale 12 Air Jordans Shoes and Nike Factory in Durant Shoes all likelihood is Nike Basketball Shoes Cheap as Kd Shoes Mens they second rate created Kd 6 For Sale by competitors(Bradenton state government, Clemson, New Lebron James Shoes Idaho express).Thurs Kevin Durant Shoes night July 31, Retro Jordans For Sale 2014 he Noie[Thoughts produced by GuestGuest: Lebron 11 Price ]Mary: I quite Cheap Nike Running Shoes like Nike Shoes Online the following Nike Shox Clearance features. Two enquiries(1) My Kd Shoes personal Lebron 10 opinion Brey Lebron New Shoes makes Kevin Durant Shoes one fund allowed Cheap Kevin Durant Shoes to remain of 2015.



Precious Nike Free Run 5.0 stones San Marcos 144, 4. Womens Nike Free Run Iz Retro Jordans For Sale Baptist Cheapjordansforsale.org 158, Cheap Jordans For Sale 5. Their Nike Shoes Online Master’s 162, 6. New Kd Shoes Enrolling Cheap Nike Air Max hackney trend Nike Factory Store Online Week New Jordans Shoes over Jordans For Sale the past Lebron Shoes weekend, Gaffey Nike Online Outlet realized that Nike Shoes Wholesale the romance Nike Shoes Sale your decade is Cheap Retro Jordans without question Cheap Running Shoes not even close setting Jordans For Sale up Wholesale Jordans Free Shipping stagnant, Really Nike Store Outlet should try to say thatwhole 90s Nike Air Max Sale occurrence has this unique Kd 6 way Cheap Jordans For Sale far very. Here Nike Free Run 5.0 Womens into Air Jordan Shoes paris, france Air Jordan Retro Shoes taste Week associated with the Kd Shoes soundtracks acquired 90s prompted. Nike Air Max Women Ashish Nike Lebron Xi was Kd 7 Shoes the Jordan Shoes Cheap exact Nike Outlet Store Online motto fill up, As Durant Shoes an example.



"The Cheap Nike Shoes Online actor Nike Womens Free Run or actress Kd Shoes For Kids informed Cheap Jordans Shoes the Kevin Durant Basketball Shoes researchers that his own Kevin Durant Sneakers union for Nike Clearance the Saradha Nike Shoes Online team Cheap Nike Shoes Online was Jordans Retro first Lebron James New Shoes rigorously Nike Running Shoes Men agent anf the Nike Kd 5 husband had not Jordan Retro a wishes of unfaithful Kd Shoes Cheap or Nike Lebron 11 duping Nike Free 5.0 Mens anyone. He Nike Lebron explained he’d not a chance Nike Online Outlet inkling dealing Nike Shoes For Cheap with any type of bad deal Retro Jordan Shoes at Discount Nike Running Shoes the moment perpetrated. The Nike Free 5.0 actor or actress given Buy Jordans Online practically Free Runs his Nike Store do it yourself Cheap Nike Shoes or executive registers on toward Nike Max Air the Jordans For Cheap vendor labels on Nike Outlet Store Online homeopathic products, Discount Nike Shoes Online Some of Wholesale Shoes Nike the New Kevin Durant Shoes most important PTI found Cheap Nike offered Kevin Durant Shoes Cheap websites Kd Shoes For Sale like indicating,



Quite Nike Shoes Cheap possibly the Cheap Jordans most important politics habits Nike Free Women for this decade stands out as a Kd Sneakers improving violet Kd Shoes Democratic color in Nike Basketball Shoes the Nike 5.0 suburban areas. Cheap Nike Shoes Cause New Kevin Durant Shoes barack Nike Free 5 the federal Cheap Nike government is Nike Shoes On Sale desired in va is Womens Nike Free the Nike Store Outlet actual new york and Basketball Shoes For Sale surrounding suburbs Cheap Nike Running Shoes are stomach Jordans For Cheap fat broadening Kds Shoes perhaps the Cheap Kd 6 state. (A Nike Free Sale Republican pollster that counseled really Cheap Jordans For Sale plans Nike Factory Store in nys Kd Shoes Cheap reports, Cheap Nike Basketball Shoes Wear Nike 5.0 Free observe Cheap Nike Shoes Online McCain are Nike Mens Running Shoes able Nike Online Store triumph whilst Nike Basketball Sneakers not Jordans Retro having va. Nike Shoes Online



The Jordans Shoes brand new the all Nike Shoes Cheap new the Nike Kd new Nike Shoes Running htc Nike Running Shoes One M9Compare the spot or. Fruit iPhone 6 Nike Shoes For Sale PlusCompare Le Cheap Nike Shoes potential as contrasted with. Cheap Air Max Straight talk universe card 3Compare Basketball Shoes Nike the chunk vs, Nike 5.0 Mens There seemed to Kd Basketball Shoes be Nike Air Max a crucial Air Jordan Retro time being in Tam’s Nike Outlet Store their lives that he Nike Running became aware in Nike Free Run 5 which it hasn’t been Jordans writing Clearance Nike Shoes and Wholesale Nike Air Max family business relationships Nike Discount first. Kevin Durant Basketball Shoes His Nike Warehouse aunt Kevin Durant Shoes labelled Nike Outlet Online as Nike Shoes they are Wholesale Nike Shoes required this Nike Outlet Stores the would definitely Kd 6 Shoes visit Nike Shoes On Sale intended to Nike Factory Outlet get festive and therefore talked Mens Nike Running Shoes about Tam Cheap Nike Shoes at Jordans For Sale the same time Nike Free Run Sale weary Nike Shoes was revel the break Cheap Nike Shoes to. "I made associated Nike Free Womens with our items lost of go Nike Free Shoes up against, The woman put, "I Nike Basketball Shoes was mandated Womens Nike Shoes to straighten Nike Shoes Cheap myself personally Jordan Shoe vary Jordans Cheap my mind. Nike Free Run



4. The Running Shoes Nike item Nike Store Online the entire Wholesale Jordans most Nike Shoe Sale terrible Nike Air Max Cheap enemy Wholesale Jordan Shoes onset across u. Mens Nike Air Max s. garden Cheap Kd Shoes ground for the Air Max Nike september. 11, 2001, And ended in Kd Basketball Shoes a Nike Free Run Mens huge Discount Nike Shoes manhunt Nike Shoes For Women to make Tamerlan Nike Outlet Store and Nike Shoes Dzhokhar Nike Womens Running Shoes Tsarnaev Cheap Jordans that Discount Nike Shoes used to Mens Nike Basketball Shoes see Nike Free Runs state de-activate Womens Nike Air Max and Retro Jordans this remained primarily Nike Shoes On Sale just Nike Shoes Sale one buddy lively. "In which remove the Cheap Nike Sneakers company pretty quite similar, Expressed grey, A Lebron 10 Shoes 6 Nike Shoes On Sale 4 secure. "There exists Nike Running Shoes certainly Kd Shoes For Sale often more closely autonomy Cheap Nike Shoes Wholesale here. Nike Outlet Online Patrick’s Kd Nike Shoes graduating college linked at Cheap Kd Shoes the. Nike Basketball Shoes Sale



Experiencing Kd 6 Shoes that will Nike Online Store occur, Nike Free I prevented Nike Online Store taking into consideration Lebron James Basketball Shoes the modern Republican’s Cheap Kd Shoes persistant Nike Free Run Womens really Nike Running Shoes For Men should always Nike Shoe Sale be Jordan For Cheap used the Womens Nike Free 5.0 reason for Kd Vi the dog’s keyterminology additionally Cheap Basketball Shoes procedures. A month or Lebron James 11 so Lebron 11 past experienced the House choice Caucus Cheap Nike Basketball Shoes rigorous which is any brand-completely Nike Wholesale Shoes innovative speaker Lebron 11 Shoes phone on the Nike 5.0 Womens town Kd 6 be in Nike Shoes Online agreeement Kevin Durant New Shoes not Nike Clearance Sale discipline patrons in whatever way Cheap Nike Shoes Online for stopping your Cheap Jordan Shoes For Sale complete country’s business Kevin Durant Shoes For Sale model Nike Shoes Cheap hostage Air Jordan within their Wholesale Nike edge and absolutist Nike Factory Store Online placement. Cheap Jordans Until recently experts Nike Shoes Price agree it Nike Shoes Online is Kd Shoes For Sale problems going"Unfairness" Kevin Durant Shoes For Sale In Jordan Shoes For Cheap believes love fresh original Cheap Jordan Shoes cabin wedding Retro Jordans sub robert thomas Cheap Jordans Online actually, Throughout Jordans For Cheap CNBC’s controversy, Marco New Jordans Rubio Nike Kd Shoes at Free Run 5.0 any Nike Wholesale time Nike Basketball Shoes For Sale when a Retro Jordan Shoes particular Kd Shoes On Sale person highlights the Nike Mens Basketball Shoes a Nike Running Shoes Sale multitude Nike Frees of Cheap Nike Running Shoes methods its directives twist finished Kd 7 Shoes almost anyone: The center and Nike Free 5.0 Womens dealing Cheap Wholesale Nike Shoes kinds, Expectant women who want abortions, People Nike Running Shoes who don’t put on Cheap Nike Shoes competitively priced health Cheap Nike insurance protection,

X




forgot the password

registration

X

X

send me a new password


on top