The procedures for selecting judges do not provide for independent competitive selection

November 09, 2017

In autumn, the procedure for the competitive selection of applicants on the positions of the 5 Constitutional Court of Ukraine judges has begun. However, the imperfection of the procedures can create the situation, where the Constitutional Court of Ukraine does not become an independent arbitrator, but an obedient instrument in the hands of any branches of power.

As the QNA correspondent reports, the participants of the conference “Selection of Judges to the Constitutional Court of Ukraine: the Main Dangers of the Competition” expressed such a position.

Research fellow on legal issues at the Razumkov Centre Viktor Musiyaka stressed that after the election of five judges, the Constitutional Court of Ukraine will function properly and that is why it is important who will become judges.

It refers to the body of the constitutional supervision, which has a completely different status after the adoption of the Constitutional amendments and a new law on the Constitutional Court of Ukraine. We pay special attention to the fact that there is now an election of 5 judges of the Constitutional Court of Ukraine. After the completion of this process the Constitutional Court of Ukraine will be finally formed and it will begin consider the issues regarding the Constitution of Ukraine and the election of its head.

Musiyaka believes that the procedures of the selection of the judges is extremely important, but, unfortunately, they do not provide an independent competitive selection. In addition, gaps in the legislation on new criteria also negatively affect the result of the selection.

The government has opted out from the process of the selection of candidates for the positions of the Constitutional Court of Ukraine judges. There are two new criteria for selecting candidates — high morality and appropriate level of competence. It is still unclear who will define the appropriate level of competence. It was necessary to define it in the law. Is it a professional community decision? Society needs to know how and whom they choose.

Viktor Musiyaka

Research Fellow

Born in 1946 in Mykolaiv region. Graduated from Kharkiv Law Institute in 1973. Scholar, prominent politician, honored lawyer of Ukraine, professor at the National University of "Kyiv-Mohyla Academy", co-author of the Constitution of Ukraine.

In 2015 Viktor Musiyaka was honoured with the Yaroslav the Wise Award for outstanding achievements in legislative, judicial and law enforcement activities.