38^th session of the UN Human Rights Council

Agenda item 3

Clustered interactive dialogue with

Working group on the human rights and transnational corporations and other

 business enterprises

and Special Rapporteur on the independence of judges and lawyers

Intervention by the Delegation of Ukraine

25 June 2018

Mr. President,

We welcome this dialogue with both mandate holders; let me turn to the Special Rapporteur on the independence of judges and lawyers.

We fully agree with Mr. García-Sayán that the requirement of independence and impartiality of judges is not a prerogative granted in their own interest, but is justified by the need to enable judges to fulfil their role as guardians of the rule of law and of the human rights.

In Ukraine the High Council of Justice acts to ensure the independence of the judiciary and its functioning based on responsibility and accountability before the society. It guarantees the formation of an trustworthy and highly professional judicial corps in compliance with the Constitution and the legislation of Ukraine, as well as with the professional ethics.

In the last four years, under the extreme challenges of Russian aggression, which led to the temporary occupation of Crimea and parts of Donbas, Ukraine, among other steps, has succeeded in adopting constitutional amendments to strengthen independence of the judiciary and has been implementing reforms to curb corruption and consolidate democracy. Creation of the Supreme Anticorruption Court, envisaged by the recently adopted legislation, is one of the crucial steps in this direction. The respective law contains strong safeguards aimed at ensuring independence of judges, in particular through their selection by the Highest Qualification Commission along with the Civil Council of International Experts.

Ukrainian civil society has been playing an active role in designing and exercising oversight over implementation of reforms, including in anti-corruption and judicial areas.

In light of the standing open invitation issued by Ukraine to all Special Procedures please be assured, Mr. García-Sayán, in our readiness to cooperate.

Thank you.