The competitive selection for the Supreme Court (SC) in 2016–2017 turned out a failure, since 2/3 of the winners faced serious reservations from the public, and the heads of all four cassation courts within the new Supreme Court were only former leaders of high specialized courts. From the outset, the SC is filled with unscrupulous judges, including Russian agents. Corruption scandals, judges covering up their colleagues from the SC and other courts and other issues highlighted the critical need to organize a reboot.

Corruption scandals, the decision in the Usatyi case, and other shortcomings of the Supreme Court’s work were definitely noticed both by the public and by Ukraine’s international partners. In its reports, the European Commission reiterated multiple times that Ukraine had to carry out high-quality selection for vacant positions and verify current Supreme Court judges’ integrity. This will not only increase trust in the Supreme Court, but also contribute to the development of the rule of law in Ukraine.

Here is how this can be accomplished:

First, it is necessary to verify the current Supreme Court judges through declarations of integrity, which will cover the facts of their entire life. This verification should be mandatory. This was repeatedly noted by the European Commission in its reports on Ukraine.

This verification should be carried out by the High Qualification Commission of Judges and the Public Council of International Experts (PCIE), which consists exclusively of representatives of international donors. The key role of international experts in selection commissions for judges and members of judicial governance agencies is the “gold standard” of selection and assessment. This model proved effective in the verification of candidates for the High Anti-Corruption Court.

If reasonable doubts about a judge’s statements arise, the High Qualification Commission of Judges should refer this to the High Council of Justice so the latter would consider the issue of bringing such a judge to disciplinary liability as a matter of priority. The HCJ should then dismiss low-integrity judges.

The number of Supreme Court judges is decreasing. Over the past few years, some of them have already resigned. Currently, about a quarter of all positions are vacant (as of 2025, there are 153 incumbent Supreme Court judges). The effective work of the Supreme Court depends on two interdependent components: cleansing the current composition of the Court and selecting new judges, with the latter by itself being insufficient for a profound reform. Competitive recruitment for the Supreme Court should take place in accordance with new rules. An open and transparent selection is also necessary with the participation of the PCIE, which has already proven its positive impact during the competition for the High Anti-Corruption Court in 2018. Back then, the work of a Commission of six international experts working jointly with civil society ended up ensuring the recruitment of quality candidates. It also guaranteed that there were no serious doubts regarding the integrity of the candidates appointed to the court. Ultimately, the stronger the voice of international representatives or the public, not of judges, the better the outcome. This lesson should be taken into account so that no other Lvov or Kniaziev ends up in office.
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Cleansing through the verification of current judges and a transparent competitive recruitment for vacant positions will not lead to a collapse of the Supreme Court. Instead, it provides an opportunity to dismiss judges of low integrity who are trying to avoid dismissal in every way possible. As the European Commission emphasizes, the cleansing of the Supreme Court and the recruitment for vacant positions should be based on transparent competition, with the involvement of international experts. However, the lack of decisive action in this sector jeopardizes the entire judicial reform.

The capacity and development of Ukraine directly depends on a high-quality renewal of the Supreme Court. Without reforming the Supreme Court, Ukraine will not see either the rule of law or justice. Our future and our EU membership will be jeopardized, and the support of international partners will dwindle due to a lack of results.