Professional Standards for "Judge" and "Prosecutor" Added to the Register of Qualifications
On December 26, 2024, the National Qualifications Agency included the professional standards for "Judge" and "Prosecutor" in the Register of Qualifications.
This significant milestone in enhancing the legal profession aligns with legislative requirements, including the Law of Ukraine "On Education," Cabinet of Ministers Resolution No. 373 of May 31, 2017, "On the Procedure for Developing, Enforcing, and Reviewing Professional Standards," the Methodological Recommendations for Developing Professional Standards, and the Regulations on the Register of Qualifications.
The professional standards took effect upon their inclusion in the Register.
The preparation of these standards was carried out under the project "Support for the Reform of the Classifier of Professions and Development of Legal Profession Standards in Ukraine," implemented with the support of the American people through the U.S. Agency for International Development (USAID) as part of the "Justice for All" Program.
The Ukrainian Bar Association (UBA) was officially registered in July 2023 as the developer of professional standards for three legal professions: "Judge," "Prosecutor," and "Legal Advisor." Beginning in October 2023, working groups actively initiated the preparation of these standards, conducting numerous consultations with the legal community and experts.
Importance of Professional Standards
Inna Plakhtiy, a member of the High Council of Justice, explains the importance of professional standards:
"The development of legal profession standards is crucial for several reasons:
- They define qualification requirements for legal professionals, ensuring high professionalism and competence in delivering justice.
- Ethical standards and adherence to the rule of law reduce the risk of misconduct and improper performance of duties.
- The standards promote consistency in approaches, making the work of legal professionals transparent and predictable.
- Clear requirements encourage quality performance.
- They serve as a foundation for educational programs and professional development.
- Ethical behavior requirements are incorporated into the standards.
- Alignment with global standards enhances competitiveness.
Overall, the development and implementation of professional standards for legal professions are prerequisites for advancing the legal system, upholding the rule of law, and protecting citizens' rights and freedoms."
Working Groups and Participants
The creation of the standards involved experienced legal professionals, including judges, prosecutors, academics, and practicing lawyers, who actively participated in working groups.
Working Group for the Professional Standard "Judge":
- Asen Adamov, Member of the Council of Judges of Ukraine, Judge of Izmail City District Court, Odesa Region.
- Rasim Babanly, First Deputy Head of the Supreme Court Office.
- Dmytro Bezdolia, Judge of the Commercial Court of Odesa Region.
- Mykhailo Bohonis, Member of the High Qualification Commission of Judges of Ukraine.
- Andriy Boiko, Doctor of Law, Professor at the Faculty of Law, National University of Kyiv-Mohyla Academy.
- Andriy Hetman, Leading Researcher at the National School of Judges of Ukraine.
- Serhiy Koziakov, Associate Professor, Taras Shevchenko National University of Kyiv; Head of the High Qualification Commission of Judges of Ukraine (2014-2019).
- Alla Lesko, Candidate of Legal Sciences, retired judge, and expert responsible for drafting the standard "Judge."
- Mykola Nykyforchuk, retired judge.
- Tetiana Opanasiuk, Head of the Legal Department, State Judicial Administration of Ukraine.
- Inna Plakhtiy, Member of the High Council of Justice.
- Olha Sribnyak, Chief National Expert, EU Project "Pravo-Justice."
- Olena Fonova, Judge of the Commercial Court of Luhansk Region.
- Maryna Shakhovnikova, Judge of Podil District Court, Kyiv.
- Olena Shostko, Head of the Board, NGO "Ukrainian League of Lawyers Against Corruption."
Working Group for the Professional Standard "Prosecutor":
- Andriy Boiko, Doctor of Law, Professor at the Faculty of Law, National University of Kyiv-Mohyla Academy.
- Olesia Voloshyna, Deputy Chair of the Primary Trade Union Organization of the Prosecutor General's Office.
- Oleksandra Dermanska, Chief National Expert, EU Project "Pravo-Justice."
- Oleksandr Zhytnyi, Member of the Qualification and Disciplinary Commission of Prosecutors.
- Artur Karvatskyi, Legal Advisor, Council of Europe Project.
- Zera Kozlieva, Legal Director at Truth Hounds, responsible for the "Prosecutor" standard.
- Valentyna Kononova, Prosecutor, Prosecutor General's Office.
- Viktoriia Lytovka, Consultant, Prosecutor Training Center of Ukraine.
- Dmytro Lotyuk, Head of the Analytical Department, Prosecutor Training Center.
- Oleksii Melnyk, Member of the High Council of Justice.
- Yuliia Olefirenko, Head of Standards Implementation, Prosecutor General's Office.
- Oleh Plakhotnik, Candidate of Legal Sciences, Associate Professor, Taras Shevchenko National University of Kyiv.
- Serhii Podkopaiev, Deputy Head of the Secretariat of the Qualification and Disciplinary Commission of Prosecutors.
- Oleksii Svyda, Associate Professor, Odesa Law Academy.
Development Process
The standards' development involved comprehensive discussions, surveys, and meetings:
- Two surveys with over 400 participants from the legal community.
- Online presentations of interim results.
- Public hearings and feedback sessions.
- Final presentation of project outcomes.
Zera Kozliyeva, Legal Director at Truth Hounds, former Deputy Head of the Office of the Prosecutor General’s Department, and Project Expert responsible for drafting the professional standard "Prosecutor," notes:
“The work on the Standard lasted nearly a year. It demonstrated true coordination among all members of the working group, which included representatives from the Office of the Prosecutor General, the High Council of Justice, the Prosecutors’ Training Center of Ukraine, as well as representatives of the academic and expert communities. During the drafting of the Standard, we analyzed and incorporated practices from other countries in developing professional standards for prosecutors. It is worth emphasizing the transparency of the process, carried out in accordance with the Methodological Guidelines for Developing Professional Standards, approved by the National Qualifications Agency.
The process included stages of surveys, feedback collection from all stakeholders, publication, and public discussion. Prosecutors, particularly from the Office of the Prosecutor General, showed significant engagement, providing over 300 suggestions and comments on the document. All of them were carefully reviewed and discussed during the working group meetings. Furthermore, proposals from other governmental bodies and international partners were taken into account. Thus, the document comprehensively reflects the qualifications required of prosecutors, considering their functions and specific activities.
We sincerely thank the USAID Justice for All Program, the Ukrainian Bar Association, and all members of the working group for their initiative, professionalism, and quality guidance in implementing this project.”
Serhiy Podkopayev, Deputy Head of the Organizational Support Division (Secretariat) of the Qualifications and Disciplinary Commission of Prosecutors of the Office of the Prosecutor General and Senior Research Fellow at the V.V. Stashys Research Institute for the Study of Crime Problems, Doctor of Law, adds:
“The need for developing a professional standard for prosecutors has long been evident, as there were no unified requirements for current and prospective prosecutors that considered the multifaceted activities of the prosecution system. While the Law of Ukraine ‘On the Prosecutor’s Office’ establishes requirements for candidates for prosecutor positions, a detailed definition of competencies, knowledge, skills, and other qualifications required objectification and normative formalization.
During the drafting process, the responsible parties created an atmosphere of constructive dialogue and an opportunity for free exchange of ideas among members of the working group, representing various professional legal communities. This approach facilitated a consolidation of efforts and ensured the successful completion of the project.
The professional standard for prosecutors will serve as a reference point both for existing personnel procedures, primarily conducted by the Qualifications and Disciplinary Commission of Prosecutors (such as candidate selection for prosecutor positions and transfers to higher-level prosecutor offices), and for shaping career advancement systems within Ukraine’s prosecutor’s offices in general.”
Yuliya Olefirenko, Head of the Prosecutors’ Activity Standards Implementation Department of the Reforms Department of the Criminal Policy and Investment Protection Department of the Office of the Prosecutor General, and Valentyna Kononova, Prosecutor of the same department, add:
“The development of the prosecutor standard is a significant step towards regulatory formalization of the prosecutor profession. At present, the critical issue remains staffing the prosecutor's offices. When choosing the profession of prosecutor, a candidate must possess not only a sufficient level of theoretical knowledge in law and European standards in human rights protection but also relevant general abilities and practical skills required for the role. The Prosecutor Standard serves as a guide not only for candidates and interns but also for current prosecutors. It outlines qualifications, job functions, and the legislative and regulatory framework necessary for fulfilling professional duties. We express our gratitude for the opportunity to work as part of the working group.”
Through a systematic approach to developing professional standards, Ukraine has acquired a crucial tool for improving the quality of judicial and prosecutorial work. Including these standards in the Qualifications Register marks a significant step toward enhancing public trust in the justice system and ensuring high professional requirements for candidates aspiring to these positions.
Alla Lesko, PhD in Law, retired judge, and Project expert responsible for preparing the professional standard "Judge," emphasizes its importance:
"The issue of low public trust in the judiciary remains a persistent challenge that demands relentless effort to overcome. Developing the professional standard for 'Judge' is significant in this regard. Firstly, it allows individuals considering a judicial career to study the standard and consciously assess the requirements they must meet.
Secondly, the standard is accessible to every citizen, enabling them to understand the demanding qualifications required to serve as a judge. This understanding can foster respect for this critical role and mitigate baseless skepticism or distrust. Therefore, introducing the standard is a small but vital step toward rebuilding public confidence in the judiciary."
Serhii Koziakov, a leading researcher at the British Institute of International and Comparative Law, Associate Professor at the Educational and Scientific Institute of International Relations of Taras Shevchenko National University of Kyiv, and former Head of the High Qualification Commission of Judges (2014–2019), adds:
"Including the professional standard for 'Judge' in the Qualifications Register by the National Qualifications Agency is a pragmatic step toward transparent operations by the High Qualification Commission of Judges and the High Council of Justice.
The standard will be applied in personnel procedures, culminating in the HQCJ’s decision on a judge's (or candidate's) ability to administer justice in a specific court and the HCJ’s submission to the President of Ukraine for judicial appointment.
This document is critical for both sitting judges and candidates aspiring to join the judiciary. In my opinion, the standard is one of the clearest and most practical regulatory acts that require no additional commentary for implementation.
This clarity was achieved through the collaborative and highly productive efforts of active and retired judges, members of the HQCJ and HCJ, representatives of the Council of Judges, academics, and experienced public figures. The working group demonstrated respect for each other's expertise and experience, ensuring a robust outcome."
Marina Shakhovnina, a judge at the Podilskyi District Court of Kyiv and member of the All-Ukrainian NGO "Association of Judges of Ukraine," shares her thoughts:
"The professional standard 'Judge' is a regulatory document aligned with international guidelines, serving as a roadmap for judicial reform. Currently, it is an integral component of Ukraine's judicial reform, contributing to its quality implementation and harmonizing reform processes."
Dmytro Bezdolia, a judge at the Commercial Court of Odesa Region, states:
"The standard 'Judge' unifies the criteria for individuals sharing a professional identity, each of whom is unique. Developing this standard required deep analysis of personal experiences through the lens of societal and state expectations of judges."
Olena Fonova, spokesperson judge of the Commercial Court of Luhansk Region and co-founder of the NGO MEC "Pro Justice," concludes:
"The professional standard outlines core competencies required for judicial work, including legal knowledge, ethical standards, communication skills, and the ability to manage effective judicial processes. Particular attention is given to digital competencies, essential in modern legal practice. Judges must navigate electronic judicial systems, conduct remote hearings, use IT effectively for case management, and adhere to cybersecurity standards. These components aim to enhance efficiency and transparency in judicial proceedings during digital transformation.
Introducing the professional standard 'Judge' will boost judicial professionalism, standardize evaluation criteria, and strengthen the profession's authority. Incorporating digital skills reflects efforts to modernize the judiciary, optimize processes, and ensure accessibility for citizens. Thus, the professional standard serves not only as a regulatory document but also as a vital tool for developing Ukraine's judiciary amid contemporary challenges and reforms."
Detailed information on the professional standards "Judge" and "Prosecutor" can be found on the National Qualifications Agency's website:
Professional Standard "Judge"
Professional Standard "Prosecutor"