Why should society be concerned about preserving the ‘achievements of judicial reform’ and what threats await us?

While the public’s attention is focused on foreign policy topics, a crisis is brewing inside the country that could change the face of the Ukrainian judiciary. Already on June 1, 2025, the powers of international experts in the competition commission at the Higher Qualification Commission of Judges — the body that is central to the implementation of judicial reform — expire. Public organizations that have been following the processes in the judicial system for years — the DEJURE Foundation, the Anti-Corruption Center and Avtomaidan — consider this event as a key test for the authorities, expressing their position on this matter.

They remind that the Supreme Court of Appeals has two critically important functions — cleaning the system of unscrupulous judges (about 1.5 thousand judges still have to undergo qualification evaluation) and selecting new professionals for more than 2,300 vacant positions. In addition, this structure will play a decisive role in forming the composition of the newly created courts, in particular the anti-corruption court and the Supreme Court. According to experts, who will be part of the Central Committee of Ukraine will determine whether Ukraine will remain on the path of reforms or allow the system to reproduce itself according to the principles of the old elites.

According to public experts, the current progressive majority in the VCKS is the result of exactly that competitive procedure, where independent international experts played a key role. It is they, as noted, who became the restraining factor that prevented the return of discredited judges. Public figures draw attention to the fact that with the arrival of the renewed composition of the commission, the situation began to change: every fifth judge received an application for dismissal after the interview. Among those who were recommended for release were those involved in the Maidan-era cases, judges of the OASK, as well as those who showed loyalty to Russian aggression.

However, as it is emphasized, as soon as the Supreme Court of Appeals came close to evaluating the most high-profile figures — the judges of the Pechersk District Court and representatives of the OASK — aggressive counterattacks began on the part of the system. The authors explain that on March 7, an announcement about scheduled interviews with judges from these structures appeared on the VKKS website, and already on March 11, employees of the SBI entered the premises of the search commission. In the public sector, they are convinced that this is not an accident, but a purposeful pressure from the old system, which is afraid of losing its influence on the appointment and retention of judges loyal to it.

Experts note that after the beginning of the searches, the SBI initiated criminal proceedings against individual members of the VKKS — based on the statements of persons whose reputations cause serious doubts. Such actions, in their opinion, have one goal – to disrupt the evaluation of judges, who are key figures of the old judicial vertical, and to destabilize the commission itself from the inside. Currently, VKKS already has one vacancy, and there is a possibility of a second one. The authors remind that one of the members of the commission — Volodymyr Luhanskyi — received suspicion from NABU for illegally receiving additional payments for a fictitious scientific degree. If this suspicion is proven, it will mean another loss in the composition of the commission.

According to experts, even the loss of one or two votes could tip the balance in favor of those interested in preserving the old system. They warn that a scenario in which international experts simply stop their work without receiving an extension of their mandate is exactly what opponents of the reform seek. This will create favorable conditions for the return of the influence of unscrupulous judges through the new composition of the Supreme Court of Appeals, which can be formed without external control.

Public figures emphasize that society cannot remain aloof — silence at this point will be considered as consent. They explain that the extension of the powers of international experts is not a bureaucratic formality, but a fundamental issue of confidence in the reforms and the European course of Ukraine. According to them, it was thanks to these experts that it was possible to stop the return of many scandalous judges to the system, and their absence would mean the loss of a real safeguard against internal revenge. They emphasize: in the struggle for a fair judicial system, vigilance is not a privilege, but a duty.

In addition, the DEJURE Foundation, the Anti-Corruption Center, and Avtomaidan stress that after June 1, the situation with the independence of the Central Committee of the Ukrainian Communist Party may change dramatically. They explain that international experts are a safeguard against the influence of politically engaged or discredited persons on the selection of judges. According to the current law, after the completion of the powers of foreign experts, their places in the Competition Commission must be filled by representatives of Ukrainian institutions, in particular, the Council of Advocates, which is managed by Lidia Izovitova. Experts remind that Izovitova is associated with Viktor Medvedchuk, and consider it paradoxical that this very institution, which itself needs immediate reform, will have a decisive influence on the formation of the composition of the Central Committee.

In addition to the Council of Advocates, three members of the Competition Commission are delegated by the Council of Judges. According to experts, this structure has been headed by Bohdan Monich since 2019, a person associated with Pavel Vovko, Andriy Portnov and Andriy Bohdan. Public organizations emphasize that after the “Wolf tapes” were made public, Monich not only did not express condemnation, but openly supported the head of the OASK, actively opposed his liquidation, and even prepared an official appeal to the president on this matter. It is also recalled that he was the one who delayed the launch of the reforms of the High Council of Justice and the relaunch of the Supreme Council of Justice.

Two more seats in the future composition of the Competition Commission will belong to representatives of the National Academy of Legal Sciences and the Council of Prosecutors — bodies that, according to the authors, have not undergone reforms and remain under the influence of the old system. They warn that in the absence of international experts, the balance in the commission will be destroyed — and this will pave the way for the return of old personnel to the new structure of the VKKS.

Experts emphasize: if the commission includes delegates close to political or corrupt centers of influence, it will destroy the shaky but progressive majority that currently makes important decisions for cleaning the courts. In this case, people with dubious reputations will be appointed to the VKKS, which will nullify all previous progress. Public organizations believe that such a scenario will jeopardize the quality of all future competitions for judicial positions. They explain that the situation can be resolved only through legislation — that is, to adopt a norm on extending the powers of international experts. Without this, they emphasize, the entire judicial reform will be on the verge of failure.

Considering the consequences, experts focus on the selection of judges. Interviews for positions in appeal courts, where 550 judges need to be elected, have already started. 856 candidates reached this stage. In the course of 2025-2026, the Supreme Court of Ukraine should also select 1,800 judges for local courts. In addition, the commission is responsible for selection to the newly created administrative courts, the anti-corruption court and updating the composition of the Supreme Court.

According to public figures, if the deputies do not decide to extend the mandate of international experts, and if the attacks of the Security Intelligence Service force the current members of the Central Committee to leave, then the vacant positions will be filled by compromised figures. This would destroy the very idea of ​​cleaning and renewal. They emphasize that it is not only about the appointment of judges to positions, but also about their actual life expectancy – up to 65 years. It is extremely difficult to dismiss a judge even now. And therefore, instead of a new generation of professional lawyers, nepotistic and politically motivated appointments will remain in the judicial system.

They remind that the previous Supreme Court of Appeals, formed according to backroom rules, dismissed only 75 judges out of more than 3,000 who passed the evaluation. If the situation repeats itself, Ukraine will lose the chance for a full-fledged reform, and the judicial system will once again turn into an untouchable caste. This will be a setback not only from European requirements, but also from the very idea of ​​statehood, built on the rule of law.

Non-governmental organizations call on the authorities to act, reminding that extending the powers of international experts is technically not difficult: such a precedent was already in the case of the Public Council of International Experts at the VAKS. According to them, if the authorities do not use this tool, it will be a clear signal that the course to curtail the reform is deliberate. They note that as early as 2024, Deputy Prime Minister Olga Stefanishyna publicly announced her intention to refuse the participation of internationals in competition commissions. At the same time, the Constitutional Court already has a motion to recognize such mechanisms as unconstitutional — it was signed by representatives of OPZZH, BYU and part of the Servant of the People faction. This means that dismantling the reform does not even require new laws — it is enough to simply waste time and do nothing.

Experts emphasize that there is still no initiative in the parliament to extend the powers of international experts. They directly appeal to the deputies with a call to realize the consequences of inaction and immediately submit the relevant draft law. Otherwise, in their opinion, judicial reform will finally lose credibility, and the country will lose the prospect of a truly independent judiciary.