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. The program's Year 1 achievements demonstrate its commitment to supporting the Ukrainian judiciary in various key areas. Constitutional reform was a significant focus, with FAIR conducting a Ukrainian Constitution gap analysis to identify constitutional needs for an independent judiciary. The analysis provided steps for moving forward and ensured greater involvement for civil society in the constitutional reform process. FAIR also signed a protocol of cooperation with the first President of Ukraine and Chairman of the Constitutional Assembly Leonid Kravchuk, demonstrating a commitment to engagement between FAIR and the Constitutional Assembly. Judicial selection was another key area of focus, with FAIR's support leading to the lawful establishment of an objective and merit-based system for judicial selection. The High Qualifications Commission of Judges (HQC) conducted a national testing for 3,476 judicial candidates, resulting in the transparent appointment of more than 750 judges to the Ukrainian bench. Professional conduct code improvements were also made, with FAIR's support to the Council of Judges (COJ) leading to the preparation of a new Code of Judicial Ethics. The new code includes notable improvements, such as a prohibition on ex parte communications and substantial conflict of interest and recusal provisions. FAIR's support to the judiciary also extended to judicial discipline, with the introduction of a standardized system for judicial misconduct complaints. The system, available on the HQC website, was increasingly used by Ukraine's citizens to raise concerns regarding potential judicial misconduct. In the past year, more than 22,000 complaints were filed, and FAIR provided the HQC assistance in drafting investigation regulations. Targeted training was another key area of focus, with FAIR undertaking a comprehensive training needs assessment with the HQC and National School of Judges (NSJ) to outline the steps needed for the NSJ to fulfill its mission of providing technical skills to more than 8,000 judges and 32,000 court staff. Key efforts included cooperation with DOJ/OPDAT to provide necessary education on the new Criminal Procedure Code. Improved court administration was also a focus, with FAIR developing a framework for court performance providing a basis for objectively assessing the implementation and needs of court operations. The framework includes more than 20 performance measurements and 70 indicators currently being piloted in eight regions. Engaging civil society was also a critical component of the program, with FAIR supporting eight CSOs to partner 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 COJ and SJA to increase public awareness about the judiciary with the dissemination of thousands of public awareness kits for court offices and libraries using a broad multimedia campaign. Strategic planning was another key area of focus, with FAIR's support to the COJ and SJA in drafting an overall strategic plan critical to an independent and effective judiciary. The plan includes core values, principles, and areas of administration for the next three years. Overall, the FAIR Judiciary Program in Ukraine has made significant progress in supporting the Ukrainian judiciary in various key areas, including constitutional reform, judicial selection, professional conduct code improvements, judicial discipline, targeted training, improved court administration, engaging civil society, and strategic planning.