Independent International Experts Must Retain a Decisive Vote on Selection Panels

The information presented by the prosecutor during the hearing to determine a preventive measure for former Deputy Prime Minister Olha Stefanishyna has confirmed that the participation of international experts — holding a decisive vote — in the selection processes for key state bodies in Ukraine is critically important to keeping appointments to top positions free from political influence.

On 5 August, during the hearing on a preventive measure for Olha Stefanishyna — former Ambassador of Ukraine to the United States and former Deputy Prime Minister for European Integration and Minister of Justice, whom the NABU and the SAPO suspect of illicit enrichment and inaccurate asset declaration — the SAPO prosecutor read out correspondence that may point to her probable influence over the appointment of the NACP Head. 

According to the material presented, she gave instructions to the State Secretary of the Ministry of Justice, Oleksandr Bukhanevych (previously head of the office of Deputy Prime Minister for European Integration Olha Stefanishyna), regarding the composition of the selection panel for the Head of the NACP, designated preferred candidates, and exchanged color-coded candidate lists with panel members delegated by the government. Similar interactions were also mentioned in connection with the selection of the Head of the ESBU and the Director of the NABU.

For Transparency International Ukraine, these circumstances point to likely attempts by a member of the Cabinet of Ministers to influence the course of selection competitions for top positions through panel members delegated by the government. 

This is yet another indication that talk of abandoning the participation of international experts on selection panels is premature, as they remain an important safeguard against politicization and ensure the independence of these selection processes.

Last summer, a precedent arose when the participation of international experts on the Selection Commission for members of the High Qualification Commission of Judges came to an end because their terms of office had expired. Ninety civil society organizations reacted sharply to this. For our part, we warned even then that such a signal could trigger a chain reaction of curtailing the international component in other selection processes, jeopardizing the progress already achieved in reforms. In its latest report on Ukraine’s progress, the European Commission likewise insisted on the need to continue the participation of independent experts nominated by international partners.

And while the need to involve international experts in the selection of HQCJ members has already been incorporated into the updated Ukraine Facility Plan, with a deadline of the end of 2026, the question of their participation — and their decisive vote — on other panels currently remains open. 

That is precisely why Transparency International Ukraine calls on the Verkhovna Rada to respond to these facts and to enshrine in law the mandatory involvement of international experts in the procedures for selecting the leadership and members of law enforcement bodies, anti-corruption bodies, and judicial institutions.