Today’s guest post is from Halyna Chyzhyk, a judicial reform expert at the Anticorruption Action Centre (ANTAC) in Kyiv, Ukraine:
Since Ukraine’s so-called Revolution of Dignity in 2013-2014, the country has substantially reformed its laws—both statutory and constitutional—on the judiciary and the status of judges. A new Supreme Court was created from scratch, the composition of Ukraine’s two judicial governance bodies—the High Qualification Commission of Judges (HQCJ) and the High Council of Justice (HCJ)—were completely changed, and several new anticorruption measures were enacted. For instance, judges are now required to submit electronic asset declarations, and failure to prove that the assets all derive from legal sources is grounds for dismissing a judge. Moreover, all judges are now obliged to pass an evaluation of their professional competence and integrity.
Despite these reforms, the judiciary remains one of the most corrupt and least trusted institutions in the country. One of the main problems is that the bodies most responsible for judicial appointment, removal, and self-governance—the HQCJ and the HCJ—do not take corruption seriously. In fact, these institutions are actively helping to protect and cover for corrupt judges, in some cases even using their authority to persecuting independent judges who try to expose judicial corruption. Consider, for example, the case of Larysa Holnyk, a judge from Poltava. In 2014, Judge Oleksandr Strukov, the head of the Poltava court, assigned Judge Holnyk a case concerning a potential conflict of interest of the Mayor of Poltava. The Mayor’s representative contacted Judge Holnyk to make an offer to settle the matter “amicably”—the clear implication was that the Mayor was offering some sort of improper inducement in exchange for making the case go away. Judge Holnyk not only refused the offer, but she reported the Mayor and his representative for attempted bribery. Since that time she has been suffering harassment from Judge Strukov, numerous court suits, and even physical attacks. However, the HCJ has refused to investigate Judge Strukov`s possible involvement in the corruption scheme, and has not punished him for persecuting Holnyk. Instead, the HCJ punished Judge Holnyk. Continue reading