ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

Search

SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Institute of qualification assessment of judges: Ukrainian experience and European practice

Institute of qualification assessment of judges: Ukrainian experience and European practice

Pages: 204-215
Year: 2025
Location: Pravova Ednist Ltd
Дата публікації: 30.06.2025

Review

The article analyzes the development and results of the use of judicial qualification assessment as a tool for «resetting» the judiciary in Ukraine, and compares this experience with European prac-tice. The institution of qualification assessment of judges was introduced after the 2014 Revolution of Dignity in response to public demand for systemic renewal of the authorities and cleansing of the judiciary of corruption and misconduct. It has been established that between 2016 and 2025, slightly less than 3,000 Ukrainian judges underwent evaluation, of whom about 20 % did not confirm their suitability for their positions and were subject to dismissal. A significant number of judges resigned of their own accord due to mistrust of the procedure or fear of negative results, which was one of the reasons for the acute staffing crisis in the courts–as of early 2025, more than 50 % of judicial posi-tions were vacant. A review of the practice revealed a number of problems in the implementation of the procedure, including the lack of a transparent assessment methodology, lengthy review periods, and the possibility of avoiding dismissal by resigning or appealing decisions, which reduced the effectiveness of the judicial purge. At the same time, the experience of mass vetting of judges in Al-bania (2017–2024) demonstrated the potential for more radical results: over 60 % of Albanian judges and prosecutors were dismissed or resigned following the assessment. It has been concluded that the Ukrainian qualification assessment institution needs further improvement in line with European standards. The recent reboot of the judicial governance bodies (the High Council of Justice and the High Council of Prosecutors) and the resumption of the procedure in 2023 with the participation of international experts are steps aimed at increasing trust in the assessment. Ensuring clear criteria for integrity, proper motivation of decisions, and a balance between the purification of the judiciary and guarantees of judicial independence is a necessary condition for the success of this institution on Ukraine’s path to integration into the common European legal space.

Institute of qualification assessment of judges: Ukrainian experience and European practice