On March 26, 2025, the Ukrainian Bar Association (UBA) submitted an official appeal to the State Bureau of Investigation (SBI), the Office of the Prosecutor General and other law enforcement agencies, expressing serious concern about the searches conducted on March 14, 2025, at the premises of the High Qualification Commission of Judges (HQCJ) and at the residences of its members. Representatives of the UBA noted that these actions may violate the independence of the judiciary and negatively affect the functioning of the HQCJ as one of the main bodies responsible for judicial governance.

The HQCJ of Ukraine is a collegial state body that plays a crucial role in the selection of judicial candidates and in the qualification assessment of judges. Representatives of the UBA emphasized that the independence of this body is the main guarantee of proper selection of judges, as well as an important component of the rule of law and ensuring a fair trial. In particular, they reminded that any influence on the HQCJ's activities is illegal under Ukrainian law, in particular under part eleven of Article 94 of the Law of Ukraine “On the Judicial System and Status of Judges”.

The EBA's appeal focuses on two important aspects. Firstly, conducting searches and summoning HQCJ members for interrogation in criminal cases that are exclusively within the competence of the HQCJ is a direct interference with the activities of the body that threatens its independence. In particular, we are talking about the criminal proceedings related to the initial qualification assessment of Oksana Tsarevych, a judge of the Pechersk District Court of Kyiv. The EBA members believe that this may create significant obstacles in the activities of the HQCJ of Ukraine and lead to a delay or complication of the process of renewal of the judiciary, which is currently in a deep crisis.

Secondly, the HQCJ is actively working to overcome the staffing deficit in the judiciary by holding competitions for the positions of judges, including judges of the appellate and high anti-corruption courts. Any interference with this process could significantly impede the renewal of the judiciary, which is essential for the effective administration of justice.

It is important to note that the HQCJ resumed its work after a nearly four-year pause in June 2023, and its activities, in particular in terms of qualification assessment of judges, are constantly monitored by Ukraine's international partners. As stated in the appeal, the HQCJ's activities are of particular importance for the implementation of the European Commission's recommendations on Ukraine's accession to the European Union. In particular, the 2024 EU Enlargement Package states that the independence and effectiveness of the HQCJ is one of the key aspects that European institutions pay attention to.

Representatives of the Association emphasized the inadmissibility of any pressure on the judicial self-government bodies and called on the State Bureau of Investigation, the Office of the Prosecutor General and other law enforcement agencies to refrain from actions that could be considered as interference in the activities of the HQCJ of Ukraine. They also emphasized that under martial law, when all state institutions should work to ensure the stability of the country, such actions could have serious consequences for the rule of law. The appeal demanded that law enforcement agencies refrain from any actions that could create obstacles to the normal functioning of the High Qualification Commission of Judges and impede the necessary reforms in the judicial system of Ukraine.

For more information on the appeal, please follow the link