Law No. 4905-IX: new declarations for judges, stricter checks, and a new salary formula

On June 25, the Law of Ukraine No. 4905-IX came into force, which is already being called one of the most noticeable stages in the reform of the judicial system in recent years. The document changes the rules for declaring, expands the mechanisms for verifying the integrity of judges, and at the same time revises the approach to determining their remuneration.

These are amendments to the Law of Ukraine “On the Judiciary and the Status of Judges” and the Law “On the High Council of Justice”, which are intended to increase the transparency of the judiciary and minimize the risks of conflicts of interest.

A single declaration instead of two

One of the key innovations is the introduction of a single Declaration of Integrity and Family Ties of a Judge. It replaces two separate documents that judges previously submitted.

From now on, the declaration will be submitted annually by May 1 in electronic form through the official website of the High Qualification Commission of Judges of Ukraine. The obligation applies not only to current judges, but also to members of the HQCJ and candidates for the position of judge.

The legislator explains this by the desire to simplify the procedure, but at the same time make the system more transparent and controllable.

Expanded range of family ties

The new law has significantly expanded the list of persons with whom ties must be declared.

If previously the focus was mainly on the judicial system, now judges must report family ties with representatives of a wide range of state bodies and institutions. Among them are employees of the secretariats of the High Council of Justice, the HQCJ, the State Judicial Administration of Ukraine, judges, prosecutors, lawyers, notaries, as well as representatives of the state’s top political leadership.

In fact, the state is expanding the map of potential conflicts of interest in order to eliminate the possibility of concealing influence through family ties.

The declaration now includes the issue of state position

A separate block concerns the value and state positions of judges.

In the declaration, the judge must confirm:

— that he has not visited the territory of the aggressor state or occupied territories after February 20, 2014;
— has not cooperated with the aggressor state;
— has not taken any action to acquire foreign citizenship;
— uses the Ukrainian language as the only state language when administering justice;
— recognizes the territorial integrity of Ukraine within internationally recognized borders.

This block actually introduces an additional level of public political and legal responsibility for judges.

Judicial salaries: a new formula

No less important changes concern judicial remuneration.

The law clearly stipulates: the basic official salary of a judge is calculated exclusively on the basis of the subsistence minimum for able-bodied persons, established by the law on the State Budget.

This means abandoning the practice of using a separate “special” or “frozen” subsistence minimum for judges, which has long been controversial in the legal community.

Thus, the law should stabilize the remuneration system and strengthen guarantees of judicial independence.

Independent experts will audit the Supreme Court

A separate direction of reform is the future audit of the integrity of judges of the Supreme Court and higher specialized courts with the involvement of independent experts.

The Cabinet of Ministers of Ukraine must prepare a corresponding draft law within six months.

This model is currently causing the most discussion in the legal community. Some experts consider it to be an increase in control, while others warn of the risks of delegating state functions to external entities and a potential violation of the constitutional balance.

At the same time, the future mechanism should take into account the conclusions of the Venice Commission, the recommendations of the Council of Europe, and international standards of judicial independence.

What does this mean for the judicial system?

Law No. 4905-IX is an attempt to find a balance between the independence of judges and the public demand for maximum openness.

On the one hand, the state strengthens the guarantees of the financial stability of judges. On the other hand, it significantly increases the scope of control and the level of personal responsibility.

However, in practice, the main challenge will be implementation: the HQCJ will have to check thousands of declarations, which can create a serious burden on the system and affect the pace of selection of new personnel.

Whether this reform will become a real step towards cleansing the judiciary will depend not only on the text of the law, but also on how it will be implemented in the coming months.