Annual Progress Report: FAIR, Accountable, Independent, and Responsible (FAIR) Judiciary Program in Ukraine

The program's primary objective is to build the foundation necessary for a more accountable and independent judiciary. In Year 2 of the program, which spanned from October 2012 to September 2013, FAIR continued to make significant progress across various project activities. The program's successes in Year 2 were marked by extended progress in legislative, regulatory, and institutional reforms. FAIR's primary objective remains unchanged, and the program's successes to date continue to advance this objective in the face of ongoing challenges. One of the key areas of focus for FAIR in Year 2 was constitutional reform. On July 4, 2013, President Yanukovych submitted a draft law to the Verkhovna Rada (Parliament) aimed at amending Articles 157 and 158 of the Constitution to strengthen guarantees of judicial independence. The draft law proposes to reduce the role of political institutions in the appointment and dismissal process and increase the number of judges in the High Council of Justice (HCJ), as recommended by the Venice Commission. On September 19, 2013, the Constitutional Court of Ukraine recognized the conformity of the draft law with the Constitution, paving the way for further debate in Parliament. FAIR also continued to support an objective and merit-based system for judicial selection. With FAIR's guidance and assistance, the High Qualifications Commission of Judges (HQC) conducted its third national test for nearly 3,500 judicial candidates and a qualifications exam following initial training for the first time. As a result, more than 880 judges have now been transparently appointed to the Ukrainian bench. In addition to these efforts, FAIR supported the development of a new, modern Code of Judicial Ethics, which was adopted by the Congress of Judges on February 22, 2013. The Code includes provisions on ex parte communications, conflict of interest, and recusal, which are in line with European and international standards. FAIR also introduced a training program for judicial inspectors, which has improved their skills in investigating allegations of judicial misconduct. FAIR's commitment to a strengthened role for civil society as advocates for and monitors of judicial reform was continued in Year 2. The program supported eight civil society organizations that partnered with 34 courts in 13 regions to conduct interviews with over 4,000 court users and develop "citizen report cards" to improve court services. FAIR also supported the Ministry of Justice to increase public awareness about free legal aid through the dissemination of thousands of public awareness kits, video, and a broad multimedia campaign. The program's achievements in Year 2 are notable, and FAIR's successes to date continue to advance the objective of building a more accountable and independent judiciary in Ukraine. However, assistance is still needed to ensure that these accomplishments are more fully developed and broadened, and most importantly, institutionalized so that they are not easily erased.