Lustration of judges: new laws – old people
As demonstrated by reality, Ukrainian judicial bodies are prevented from conducting a cleansing of their ranks from individuals unworthy of judicial authority. This power was conferred upon them by the groundbreaking law “On restoring trust in the judiciary in Ukraine”. Nevertheless, former members of the judicial branch, as well as those of the High Council of Justice (VRJ) and the High Qualification Commission of Judges (VKKS), involved in personnel management for the judiciary, also reappeared. The appointment of fresh individuals to these roles should have occurred in a truly democratic setting. However, the judges avoided scrutiny. This situation resulted in a significant return of individuals associated with the previous regime to the courts.
No changes in administrative positions
In the wake of the revolutionary events on the Euromaidan, the law “On restoring trust in the judiciary in Ukraine” mandated the holding of assemblies of judges to rid the judicial system of corruption. In this process, the leadership of each court and their deputies would be chosen autonomously, without external pressure, unlike during the Yanukovych era.
However, this method of selecting judges in administrative roles did not effectively remove long-standing figures from the old regime within the judicial system. According to Roman Kuibida, an expert at the Center for Political and Legal Reforms, approximately 80% of leadership positions in the courts remained unchanged after the revolution. “Judges greatly diminished the importance of self-governance in order to benefit themselves. Consequently, key administrative posts were largely retained by individuals controlled by the former system,” he claims.
Moreover, the judges failed to meet their quota in the newly formed VKKS and VRJ. Furthermore, these bodies, responsible for key personnel decisions, are bound by the “lustration” law to investigate the actions of particular judges for illegal arrests of Euromaidan participants, the revocation of driver’s licenses from automaidan activists, and the suppression of peaceful protests. As a result, the operation of these institutions has been essentially paralyzed.
Samsin’s return
Suddenly, figures from the previous government began to actively maneuver to regain control within the judicial sphere. Notably, discussions emerged regarding the reinstatement of Igor Samsin, who held significant responsibility for shaping the Yanukovych judicial corps during the Yanukovych era, to his former position in the VKKS. Following the dismissal of all former members of this body, their re-election was prohibited. However, a ruling by the District Administrative Court of Kiev removed the restriction on dismissing the leadership of the VKKS completely.
How did this occur? It is relatively straightforward: Sergey Shinkarenko, the head of the VKKS, submitted a request to the former head of the organization, Igor Samsin. Without even signing his application to be excused from his duties, his authority was restored by the Head of the Supreme Court of Ukraine, circumventing the existing law “On the renewal of trust in ship ownership in Ukraine.” Such inaction, in the opinion of an informed individual, is unlawful.
Understandably, the court paused. And, immediately having understood this, the decision to reinstate the members of the VKKS may independently assume the powers of the given organ. And no regulation could be abused. Well, I believe, absurd claims were enough.
Prior to this, at the Congress of Judges of Ukraine, delegates were unable to confirm their membership in the updated VKKS. Consequently, the most crucial matter was postponed indefinitely. The court emphasized that this body must function reliably and consistently for the good of the judicial system. Therefore, the “dismissed” members of the VKKS are obligated to continue their duties until a new composition is established. Thus, it appears that the old system of recruiting judicial personnel, which served the Yanukovych regime, has effectively been revived.
Undemocratic bills
Sadly, this development did not elicit a strong response from the new President of Ukraine, Petro Poroshenko. It is crucial to remember that the lustration of judges was a primary objective of the Euromaidan movement. Simultaneously, the “Udar” party recently initiated a campaign to destabilize the Ukrainian Constitutional Court, with plans to declare the law “On restoring trust in the judiciary” unconstitutional, aiming to reshape the judicial system. Are they not in a hurry to court justice, due to the fact that they started doing business in the old way.
Furthermore, Verkhovna Rada registered bill No. 4915, which proposes to impose a barrier on the planting of members of the Verkhovna Rada of Yugoslavia, which was already occupied by them before the appointment of this law. The primary argument is that such a restriction prevents “deserving individuals who, through years of service, have demonstrated authority and respect within the judicial system” from joining the Verkhovna Rada.
Who are we speaking of – regarding Lydia Izovitova, who served for 16 years in leadership positions within the Verkhovna Rada of Yugoslavia, and over the years has taken on other legal professions. Or perhaps the individuals in exile – Andriy Portnov, the lawyer for the Yanukovych regime, along with Prosecutor General Viktor Pshonka and his colleague Renat Kuzmin? Who within the legal circles of the people’s deputy – is the “guru” of election and judicial manipulations, Sergiy Kivalov, who is also a long-standing member of the Verkhovna Rada of Yugoslavia?
Strengthening Kivalov’s position
Before speaking, the rest don`t fail to try to turn its flow into the organ. And for this contract through the court, the decision was blocked from the meeting of representatives of legal major foundations and scientific institutions, which recruited their members before the Verkhovna Rada. It is probable that will soon be, but only under the guidance of Sergiy Kivalov, who is a member of the VGO “Rad of Representatives of the Greatest Initial Fundamentals and Scientific Establishments.” Therefore, he blocks all initiatives of the Ministry of Education and Science of Ukraine from this drive. With this strategy, you can transfer your people to the Verkhovna Rada.
Before that, in 2009, a group of organizations was convened by Sergiy Kivalov consisting of legal scholars and representatives of scientific institutions, delegated to the second authority with Andriy Portnov…
The remaining infected ones remain in exile, while Sergiy Kivalov remains in Ukraine. Furthermore, he is actively pursuing new opportunities to solidify his influence within the judicial system. Considering that the new President of Ukraine, Petro Poroshenko, does not object, it is also worth noting that Sergiy Kivalov himself is presenting his proposed constitutional amendments to the Venice Commission. Consequently, Ukrainians may have to abandon hope for the lustration promised by the Euromaidan for a considerable time.
Lesya Shutko, for “ORD”
