According to the draft law №11425-д, it is recommended to abolish mandatory requirements for candidates for judicial positions regarding IQ tests with a set minimum passing score of 75%. There are also proposals to exclude testing on the knowledge of the history of Ukrainian statehood.
"Now the High Qualification Commission of Judges will independently determine what the IQ test will be like. Considering that current judges do not behave very wisely – they buy luxury cars and real estate, following the directives of NABU and SAP – there will either be no test at all or it will be simplified. For instance, candidates might be asked to color pictures by numbers or solve rebuses," wrote Posternak.
The changes in requirements have raised questions not only in Ukraine but also among European partners, notes the political consultant. In its recent report, the European Commission highlighted the growing dependence of VAKS on the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor's Office (SAP). According to Posternak, this violates the constitutional rights of citizens.
"If we look into history, we can see the attitude of European partners towards VAKS. For instance, the European Commission stated in a shadow report that the High Anti-Corruption Court is becoming increasingly dependent on NABU and SAP, which systematically violate human constitutional rights," the expert wrote.
Posternak pointed out the recent actions of VAKS judges, which, according to him, only exacerbate distrust in the anti-corruption vertical. On November 8, the judges of VAKS decided not to show up for work due to internal reasons, which effectively paralyzed the court's operations.
"The reason for such absurd behavior is extraordinary. It turns out that half of the judges went on a business trip abroad, while the other half took leave to prepare for the exam in the appellate chamber of VAKS. And it doesn’t matter that by doing so, the 'noble judges' have stalled the work of the entire anti-corruption vertical!" – emphasized Posternak.
He added that the trends in VAKS indicate a degradation of the judicial system in Ukraine. In the consultant's opinion, the cancellation of IQ tests and knowledge of Ukrainian history only confirms this process.
"The cancellation of IQ tests and knowledge of Ukrainian history is a logical continuation of this process. Today, VAKS is degrading and turning into a typical post-Soviet court with a similarly post-totalitarian approach," the political scientist concluded.