05.10.2022

Whether the anti-corruption court is independent

Active pursuit of European democracy and, of course, the next tranche, affected the General organization of members of Parliament and their coherence in addressing this important issue.

The idea of creating an anti-corruption court, unfortunately, is not entirely Ukrainian, because it appeared as the result of outside pressure, primarily from the IMF.

The inability of the state independently to solve economic problems amid a political crisis that led to the extreme need of the IMF tranches. The last is the promised $800 million.

A mandatory condition for receiving a loan is the creation of the Supreme court anti-corruption in Ukraine.

In such circumstances, the question of compliance of the draft law with international norms is vital for the country and its political elite.

Therefore, the bill served the local and international community as a panacea in the fight against corruption, developed by all the canons of European democracy.

The stumbling block in the issue regarding the conformity of the draft law with international norms is the desire of the political elite in maintaining the balance between meeting the requirements of international partners and maintaining its influence on representatives of all three branches of government, including through the Commission of justice at its discretion.

Judging by the discontent of the main international partners mentioned could not quite successfully.

So what’s the problem?

And it’s rather simple. The highest anti-corruption court is needed by all parties only if you have control over its activity, which is entirely possible to provide by controlling the procedures for the appointment of judges.

Actually, therefore, under the bill, with the purpose of assisting in the staffing of the court, created the public Council of international experts.

Therefore, throughout the period of implementation of the legislative initiative for the creation of the bill, the IMF reminded of his earlier voiced requirements regarding the provision of the public Council of international experts of the widest powers in the matter of appointment of judges.

In this situation, needless to say on the independence of judges and the notion of independence in General?

Consider the public Council of international experts closer.

Signed by the President on June 11 the bill, the powers and the procedure for the formation of the Council provided in article ninth.

Under this regulation members of the public Council appoints the High qualification Commission of judges of Ukraine solely on the basis of recommendations of international organizations, with which Ukraine cooperates in the area of preventing and combating corruption under international treaties of Ukraine.

To such organizations, first and foremost, you need to include the group of States against corruption as a fundamental within the European community.

Thus, the appointment of judges is going to happen according to the will from outside, and the High qualification Commission of judges of Ukraine in this process is a mediator.

In conclusion and in fairness, it should be noted that there is no reason to perceive this from a negative point of view, but the principle of the independence of judges and courts may need to reconsider how archaic.

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