Abolition of the mandatory IQ test for judges: a step forward or a threat to the quality of the judiciary

The President of Ukraine, Volodymyr Zelenskyi, signed amendments to the Law “On the Judiciary and the Status of Judges”, which will affect the process of selecting candidates for appeal courts and the High Anti-Corruption Court (HCC). One of the most discussed innovations was the abolition of the mandatory IQ test – a test of cognitive abilities with a 75% passing score is no longer mandatory, although it used to be a necessary stage for candidates for judicial positions.

Changes in tests for judges

The changes provide that from now on the Higher Qualification Commission of Judges (HCJC) will independently determine the passing score for the tests. In addition, candidates can choose a specialization for taking the qualifying exam – administrative, economic or general jurisdiction. The exam will also include questions on the history of Ukrainian statehood, legal knowledge and practical tasks.

It is noted that these innovations are designed to make the system of selection of judges more effective and adapted to the real needs of the judiciary. In particular, it is assumed that transparency and standards will be supported by publishing test forms, a list of questions and exam programs 30 days before they are held.

The changes to the law were made against the background of the corruption scandal in the Supreme Court of Ukraine, which became a high-profile event in May 2024. The specialized anti-corruption prosecutor’s office (SAP) and NABU exposed the leadership of the Supreme Court in receiving bribes in the amount of $2.7 million. One of the key figures was the then head of the Supreme Court, Vsevolod Knyazev, who was arrested and removed from office. The scandal highlighted the acute problem of corruption in the judicial system, which likely became a catalyst for change.

Society’s reaction

The abolition of the test on the cognitive abilities of judges caused a wave of discussions in social networks. Ukrainians express various opinions about this decision, and discussions are taking place both among ordinary citizens and among representatives of the legal community. Proponents of this solution emphasize that IQ–the test was too complicated and not always an objective selection tool.

“This is a long-overdue change. It is not the IQ test results that are important, but knowledge of the law and experience. The test does not determine whether a person will be an honest and fair judge. The removal of this barrier will allow expanding access to judicial positions for qualified lawyers who are ready to work for the good of the country, and not just take abstract tests. Instead of useless testing of intellectual abilities, it is better to focus on practical skills and moral qualities of candidates.” – believes lawyer Serhiy Ignatenko.

“This is the right step. The cognitive ability test was too complex and subjective. It is important that judges are judged on their professional knowledge and moral qualities, not on the results of IQ tests.” – writes lawyer Oleksandr Ivanenko.

“Abolition of this test will open the way for more qualified lawyers who could not pass this stage due to too high requirements,” – supported lawyer Tetyana Ponomarchenko.

“The focus should be on practical experience and knowledge, not abstract tests. This decision will help reduce the number of vacancies in the courts and speed up judicial proceedings.”  – noted legal expert Andriy Sinytsia.

At the same time, many experts consider this step dangerous for the quality of the judicial system of Ukraine and point to the risks of lowering the professional level of the judicial corps.

“This is a disaster for the justice system. The cognitive ability test has been an important tool to weed out those who are unable to think analytically. Without this barrier, there will be people on the bench who are unable to make informed decisions based on complex legal situations.” – says lawyer Olga Savchenko.

“Abolishing the test is not a reform, but a degradation. How can you expect an honest and fair trial from people who cannot pass even a basic test of intellectual level? This is another attempt to open the door to corrupt and incompetent personnel.” – said lawyer and law teacher Mykola Petrov.

“In conditions where trust in the judicial system is already at a low level, such changes will only worsen the situation. A judge should be a model of professionalism, and not be chosen based on low standards. This undermines the entire reform of the judicial system.” – believes lawyer Artem Kolesnyk.

“This decision is similar to the merging of institutional barriers to push the right people into the judicial corps. Who can guarantee that now judges will not be selected for political or corrupt motives?”, – Andriy Kostenko, a lawyer with many years of experience, expressed sharply.

“The cognitive ability test is not a whim, but a way to ensure that a judge is able to analyze information, work with large volumes of material and make rational decisions. This requirement has now been removed, which creates serious risks for the entire justice system.” – criticizes lawyer Natalia Hrytsenko.

“I see in this decision an attempt to lower the standards for entering the judicial profession. Instead of increasing the quality, we are returning to the times when the key was “whose person you are” and not your competence. This is a direct threat to justice.” – emphasizes lawyer Viktor Boychuk.

“These changes are a step back in the fight against corruption. The judicial profession requires not only knowledge, but also a high level of mental abilities. We see that instead of strengthening selection, it is weakening. This is beneficial only to those who want to use the courts for their own interests.” – said human rights defender Hanna Lysenko.

“Now the judicial system needs cleaning and strengthening of trust, and we get a decision that weakens the requirements for judges. It looks like the legalization of mediocrity.” – adds retired judge Ihor Zadorozhny.

The reform of the selection of judges is an extremely important stage in the restoration of trust in the judicial system of Ukraine. The abolition of the cognitive ability test raises many questions: will this decision really contribute to the reduction of corruption and the improvement of the judiciary, or, on the contrary, will it create additional risks?

One thing is clear: the public will be closely watching the results of the new rules. If the changes help to improve the transparency and quality of work of judges, it will be a significant step forward. But if they lead to a worsening of the situation, criticism of this reform will only intensify.