Prevention and combating corruption in Ukraine is recognized as one of the priority tasks faced by the State at the present stage. Over the recent years, research efforts with a focus on prevention and combating corruption demonstrate that corruption has affected society entirely and completely. More particularly, we do not mean a tolerant attitude of society towards corruption, but rather that corruption is used as a universal instrument to obtain positive results while settling practically the entire spectrum of social relations. It is this attitude of society to corruption that entails its expansion within the State. The consequences of a one-sided approach to overcoming this phenomenon only by the use of repressive anti-corruption legislation aimed at punishing public servants, without eliminating the factors triggering corruption, have not brought any tangible result in terms of alleviating corruption. Currently, in our State the conditions have been created for eradicating corruption, and there has been a real manifestation of the political will to make a complete reformation not only of anti-corruption legislation in particular, but also of the State’s anti-corruption policy in general. The first step on this path has been the establishment of the National Anti-Corruption Bureau of Ukraine (hereinafter – NABU); its operation and the proactive position of the legislator resulted in the adoption of the Law of Ukraine “On Preventing Corruption” and the commencement of the operation of the National Agency for  Prevention of Corruption. The aspirations of society and the State in this area eventually created the need for the adoption and implementation of the Law of Ukraine “On the High Anti-Corruption Court”. The purpose of the article is to make an initial analysis of certain problematic issues of Draft Law № 7440 introduced by the President of Ukraine to the Verkhovna Rada of Ukraine and adopted at the first reading, and to provide the rationale for settling these issues by passing the said draft law in the second reading and adopting it in general as the law. The article investigates the main issues evoking social and political as well as legal resonance in connection with the adoption of this draft law. In particular, the author focuses on the issue of creation of the High Anti-Corruption Court, the peculiarities of its jurisdiction and its place in the court level system in terms of consideration of cases involving criminal corruption offenses, and also assesses the requirements to candidates for the positions of judges of this court, the aspects of operation of the Public Council of International Experts and the influence it has on the competitive procedure for the appointment of judges of the High Anti-Corruption Court. The author notes that the establishment of the High Anti-Corruption Court should positively influence the situation with prevention of corruption. The basis for achieving this goal should be underlain by the application of an integrated approach to reformation both of the system of law enforcement prevention and the judicial system with a view to comprehensive protection of human rights and freedoms in accordance with the rule of law principle. The international experience of operation of anti-corruption judicial authorities is ambiguous and, to some extent, draws upon the national traditions of organization of the judiciary. However, there is a range of pressing issues to be resolved, which are as follows. Firstly, in terms of the efficiency of activity, the efforts of NABU and the Specialized Anti-Corruption Prosecutor’s Office (hereinafter – SAP) with regard to investigation of corruption-related cases is insignificant. Secondly, the procedures for selecting the staff of NABU and SAP differ significantly from the procedure for appointing the judges of the High Anti-Corruption Court. Thirdly, it is important to achieve an appropriate level of independence of judges of the High Anti-Corruption Court since this requires a comprehensive implementation of a range of measures: to hold an open and transparent competitive procedure selecting the candidates to the positions of judges, to ensure the institutional and functional component of their independence and the judges’ remuneration in the appropriate size, a high level of trust of society, and the perception and fulfillment by a judge of his/her mission as an independent arbitrator. Fourthly, the importance of public control in respect of operation of the Public Council of International Experts and its decisions in the competitive procedure for the positions of judges of the High Anti-Corruption Court. Fifthly, the understanding of the essence of and the difference between the notions of “crucial rule” and “binding rule”, since discrepancies in translation may become a decisive factor in determining the role of the Public Council of International Experts in the competitive selection procedure.

List of legal documents 
 

Legislation 
1. Pro sudoustrii i status suddiv [On the Judicial System and the Status of Judges]: Zakon Ukrainy [the Law of Ukraine] vid 2 chervnia 2016 r. № 1402-VIII. URL: http://zakon3. rada.gov.ua/laws/show/1402-19 (accessed: 08.03.2018) (in Ukrainian). 

2. Pro Vyshchyi antykoruptsiinyi sud [On the High Anti-Corruption Court]: proekt Zakonu Ukrainy [the Draft Law of Ukraine] vid 22 hrudnia 2017 r. reiestratsiinyi № 7440. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=63218 (accessed: 09.03.2018) (in Ukrainian).

Bibliography

Websites

3. Hripun Vjacheslav, ‘Konkurs v Vysshij antikorrupcionnyj sud: kakim budet Obshhestvennyj sovet mezhdunarodnyh jekspertov’ [‘Competitive Selection Procedure to the High Anti-Corruption Court: What the Public Council of International Experts Will Be’] (Sudebno-juridicheskaja gazeta, 24 Janvar’ 2018) <https://sud.ua/ru/news/sudinfo/ 114062-konkurs-v-vysshiy-antikorruptsionnyy-sud-kakim-budet-obschestvennyysovetmezhdunarodnykh-ekspertov> accessed 15 March 2018 (in Russian).

4. Zhilinchyk Pavol, ‘Stvorennia antykoruptsiinoho sudu v Ukraini Osnovni pytannia, yaki neobkhidno vyrishyty ta rekomendatsii na osnovi dosvidu Slovachchyny’ [‘Establishment of the Anti-Corruption Court in Ukraine Key Issues to be Addressed and Recommendations Based on the Experience of Slovakia’] (Prohrama reformuvannia sektora yustytsii “Nove pravosuddia” Ahentstva SShA z mizhnarodnoho rozvytku (USAID)) <https://newjustice.org.ua/wpsontent/uploads/2017/09/NJ_Anticorruption_ Court_Report_Zilincik_Apr_2017_UKR.pdf> accessed 16 March 2018 (in Ukrainian).