Whether it is for good or for bad, the fact remains that President Viktor Yanukovych is moving towards his goals like a tank. Judicial reform is just one example; no one managed to even start addressing it, and the whole country understood: the Ukrainian justice is knee-deep in corruption. It needed much political will. Despite the statements about the absence of the final verdict of the Venice Commission, earlier this month the president of Ukraine signed the law adopted by the Verkhovna Rada “On the Judicial System and the Status of Judges.” They began implementing it without delay. Specifically, on August 12, a decree was signed regarding the Supreme Court’s handling of special civil and criminal cases — from now on members of the Supreme Court of Ukraine can work if they are willing to; until recently the Supreme Court was the center of the most effective resistance to the current version of the judicial reform.
But the front was probably breached in this direction as well. Late last week, Yanukovych met the head of the Supreme Court Vasyl Onopenko. According to the official website of the president, they discussed further steps regarding the implementation of the judicial reform and mechanisms for implementing the abovementioned law. Let’s remind that it significantly limited the authority of the Supreme Court, but at the same time, according to experts, it also delegated some legislative functions to it. Did Onopenko understand what was going on before? No doubt. Why then did he resist so stubbornly? But this is not just a rhetorical question, it is also a political one. Until recently, when the work of the High Council of Justice was actually blocked, few in the country didn’t know under the wing of which party the judicial system mainly was. Now the situation has changed. And Onopenko, whose proximity to some political forces is unquestionable, had to maneuver and change his diction. There is no doubt that Yanukovych was very pleased to hear from the head of the Supreme Court of Ukraine that “the ongoing dialog between the head of the Supreme Court of Ukraine and the president is a positive result.” “This judicial reform can be implemented only if there is political stability, with various political forces are united around the president. I believe that under such conditions the judicial reform, which was waiting for 20 years, can be carried out,” said Onopenko at a meeting with Yanukovych. He noted the positive points of the new law and, above all, the settlement of issues regarding judges’ self-governance, the question regarding the work of the Highest Qualification Commission of Judges pertaining to uniform criteria for selecting and accountability of judges, courts’ specialization, etc. Onopenko is satisfied that the court’s preparation of the groundwork has found a reflection in the law on the judicial system and the status of judges. “The positive things it contains find support of the judicial establishment, my support, and the support of my colleagues from the Supreme Court. We’ll deal with the remaining problems together,” he said.
It is clear that Yanukovych was impressed by this transformation. Onopenko had once requested that the president veto the law on the judicial system. At that time the head of the Supreme Court of Ukraine noted that the law “creates preconditions for and threatens with attacks against the independence of the judicial system, and also the constitutional right of citizens for judicial protection.” Moreover, in his view, the law meant the “significant step backwards for Ukraine as a democratic and lawful state,” which “will have a negative influence on the image of the state in the eyes of the international community.” Onopenko was convinced that the law could lead to the destruction of domestic justice and the reduction of judicial protection. He was also convinced that the provisions of this act contradicted the basic principles of the judicial system, the exercise of justice, the guarantees of judges’ independence, and the rights of citizens for judicial protection.
“The law contains numerous legally unfounded provisions, omissions, internal contradictions, making the proper regulation of the legal foundations of the judicial system, the status of judges, and legal proceedings impossible, in accordance with the Fundamental Law of Ukraine and international standards in the field of justice,” was the verdict the head of the Supreme Court of Ukraine, stated in a letter to the president.
It seems that his opinion has now changed dramatically. And president immediately reacted to it as a driver to a green light: “The judges believe that the judicial reform must continue, that it is only the first step. In general, it is necessary to reform the entire justice system,” said Yanukovych. He spoke about the need of qualitative organizing and conducting the Congress of Judges which had been planned to take place in fall. The president also suggested that “a meaningful conversation should take place and all necessary decisions should be made according to the judicial reform: electing the Judicial Council, suggesting a worthy candidate for the head of the qualification committee, and the head of the specialized civil criminal court. It is very important.” The president drew Onopenko’s attention to the need of increasing the fight against corruption. “We need people to feel that the judicial system began to work more efficiently and became closer to them,” said Yanukovych interceding for people in investigation wards. “We must do everything possible to prevent people from being behind bars for a long time without a court decision. We must correct the cases when a person is unreasonably detained, without waiting for court decisions. This is a violation of human rights. I will demand setting these matters in order,” stressed president.
The tank broke out on the highway and dashed past the steadily green traffic lights. “There was no order like: choose a specific candidate for this position. The president said: elect honest people, decent, and responsible — specialists and those who possess great respect among judges and citizens. I think that judges accept this suggestion of the head of state quite correctly, and we will support it,” said Onopenko and presupposed that in fall the delegates of the Congress of Judges of Ukraine would support the president’s initiative to reform the judicial branch of the government.
“Reforming criminal justice and the law of prosecution will be the next step,” believes the deputy head of the Ukraine’s Presidential Administration, the head of the Main department on judicial reform and judicial system Andrii Portnov. “This is a public commitment of Ukraine before the Parliamentary Assembly of the Council of Europe, which Ukraine will have the honor to preside starting May next year.”
