Reform Index 253: New Qualification Exams for Judges and the Requirement for All Pharmacies to Join the Affordable Medicines Program

Reform Index 253: New Qualification Exams for Judges and the Requirement for All Pharmacies to Join the Affordable Medicines Program

3 March 2025
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Issue 253 of the Reform Index, covering the period from December 2 to 15, includes eight regulations. For the fourth consecutive issue, the Index value stands at 0.8 points. The regulation requiring all pharmacies in Ukraine to sign a contract with the NHSU under the Affordable Medicines Program received the highest expert rating.

The issue also includes reforms such as the updated law on the qualification exam for judicial appointments and a resolution allowing enterprises in the heating and water supply sectors affected by hostilities to defer debt repayment.

Graph 1. Dynamics of the Reform Index

Graph 2. Values of the Reform Index and its Components in the Current Assessment Round

Resolution on the obligation of all pharmacies to sign contracts with the NHSU under the Affordable Medicines Program, +1.5 points

Cabinet of Ministers Resolution No. 1417 obliges all pharmacies to sign contracts with the National Health Service of Ukraine (NHSU) under the Affordable Medicines Program. This means that patients will be able to receive medications for free or at a partial cost under the program in any pharmacy across the country. Previously, the obligation to join the Affordable Medicines Program applied only to pharmacies located in hospitals, while others could participate voluntarily.

Most experts rated this regulation positively, as it will expand public access to medicines. This is especially important for people living far from hospitals, such as in rural areas. However, experts also note that this obligation could negatively impact the pharmacy business. Initially, pharmacies may face additional financial burdens, including reduced profits from participating in the program or delays in state reimbursements, which could lead to cash flow shortages. Moreover, implementing the program requires staff training and appropriate technical infrastructure, which some individual pharmacies may lack compared to large pharmacy chains.  

The resolution will take effect on July 1, 2025, to give the pharmacy sector time to prepare for these changes. 

Information about the Reforms Index project, the list of Index experts and the database of the regulations assessed are available here.

Expert commentary

Inna Ivanenko, Executive Director of the CF “Patients of Ukraine”

“The innovation being introduced in the reimbursement program now requires all pharmacies to sign a contract with the NHSU under the Affordable Medicines Program by July 2025. The Cabinet of Ministers has adopted this decision to improve patient access to guaranteed medicines, especially in remote regions. Now, they will no longer have to travel to a pharmacy on the other side of the city—medications under the reimbursement program will be available at every pharmacy point. For patients, this will simplify and speed up the process of obtaining medications. Overall, the decision will improve patient access to treatment under the Affordable Medicines Program.”

Pavlo Kovtoniuk, Co-founder of the Ukrainian Healthcare Center

“The decision is an unnecessary regulation of business and essentially means coercion into participating in a state program. The obligation to sign contracts with the NHSU under the Affordable Medicines Program significantly worsens the business climate and has little impact on the actual availability of medicines for people.”

Law on the specifics of the qualification exam for judicial candidates, +1 point

Law No. 4072-ІХ introduces changes to the rules for taking the qualification exam for judicial candidates. Previously, passing the exam required at least 75% correct answers on the cognitive test (IQ test). Now, the minimum passing score for the IQ test will be determined not by law but by the High Qualification Commission of Judges of Ukraine (HQCJ). However, the judicial qualification exam will still be considered successfully passed only under additional conditions: the candidate must score at least 75% of the maximum possible points in each of the tests on the history of Ukrainian statehood, law, the relevant court specialization, and the practical task related to the chosen court specialization. Moreover, while candidates previously had to take exams in all judicial specializations—administrative, commercial, and general (civil and criminal)—they will now be allowed to choose one or more specializations for both the exam and the practical task at their own discretion.

Expert commentary

Mykhailo Zhernakov, Chair of the Board and Co-founder of the DEJURE Foundation

“These changes have both positive and negative aspects. On the one hand, the increased requirements for candidates contribute to selecting the most competent and honest professionals. On the other hand, the exceptionally high selection threshold resulted in only 7 out of 238 candidates successfully passing all stages of the competition for the Anti-Corruption Court. This raises discussions about the feasibility of such strict criteria and their impact on the formation of the judicial system.”

Olena Ovcharenko, Doctor of Law, Judicial Affairs Expert at the Centre of Policy and Legal Reform

“Law No. 4072-IX of November 20, 2024, aims to improve the procedure for selecting judges, focusing on assessing the professional competence of future judicial officers. The new provisions make the testing process for judicial candidates more complex but also provide clearer and more precise guidelines for the powers of the High Qualification Commission of Judges of Ukraine (HQCJ) in evaluating qualification exam results.  

Key innovations include:  

  • Standardizing the assessment approach for judicial candidates at different levels and specializations. The qualification exam serves as the primary tool for measuring legal competence for candidates in local courts as well as judges and candidates for appellate, higher specialized courts, and the Supreme Court.  
  • Increasing the number of tests in the qualification exam. The practical task in the candidate’s chosen judicial specialization remains unchanged. However, the anonymous testing now includes a cognitive abilities exam. In addition to general legal knowledge tests and specialization-based questions, candidates will also be assessed on their knowledge of Ukrainian statehood history.  
  • Clarifying the rules and evaluation criteria for the qualification exam. During competitive selections before 2023, the HQCJ independently determined the assessment rules for each testing stage in the qualification exam. This led to arbitrary evaluation of practical tasks or tests for judicial candidates by the HQCJ. A candidate who failed either the test or the practical task could still pass the qualification exam based on the overall cumulative results, provided they surpassed the 75% threshold. Under the new rules, a judicial candidate is considered to have successfully passed the exam in their chosen specialization if they score at least 75% of the maximum possible points in the tests on Ukrainian statehood history, legal knowledge, and the relevant judicial specialization, as well as in the practical task within that specialization. Additionally, the candidate must pass the cognitive abilities test, meeting the threshold score set by the HQCJ.  
  • Enhancing transparency in the qualification exam process. The exam will be recorded via video and audio, with a live broadcast on HQCJ’s official YouTube channel. A positive change is the new requirement for HQCJ to publish test questions at least 30 days before the exam and the correct answers at least 10 days prior. Additionally, candidates will have access to Supreme Court decisions used in the preparation of practical tasks.  

Overall, the new provisions aim to establish clear rules for conducting the qualification exam. This should facilitate candidates’ preparation for the exam and make it easier for HQCJ members to assess the results. The only change that raises concerns is the reduction of the validity period of the qualification exam results from three years to two. A judicial candidate who has passed the exam but did not achieve the required passing score will be able to use their results in the next judicial selection process, announced within two years from the date of result approval. Given the complexity and lengthy nature of the selection procedures conducted by the High Qualification Commission of Judges of Ukraine, few candidates will likely be able to take advantage of their successfully completed exam results within the two-year period.”

Criteria for determining water supply enterprises eligible for debt repayment deferral, +0.75 points

The Cabinet of Ministers has defined the conditions under which heating and water supply enterprises that have signed debt restructuring agreements may qualify for an additional deferral. The deferral will be granted to companies that have units located in combat zones or have previously suffered from hostilities.  

If, at the time of applying for a debt repayment deferral, the enterprise has resumed its core operations, the decision on deferral will be made solely by agreement between the debtor and the creditor (state and local government authorities), taking into account the financial condition of the enterprise and the amount of its debt. 

Expert commentary

Roman Nitsovych, DiХi Group

“The decision allows for the deferral of debts for district heating (DHC) and water utility enterprises that have already signed debt restructuring agreements if they have been affected by hostilities—destroyed, damaged, or forced to cease operations. This reflects the realities on the ground, aiming to prevent the further deterioration of the already difficult financial situation of municipal utility operators and the communities they serve. However, such measures will have limited impact: with the ongoing moratorium on heating tariff adjustments and constantly rising costs, municipal enterprises survive only through support from local budgets.”

Reform Index from VoxUkraine aims to provide a comprehensive assessment of reform efforts by Ukraine’s authorities. The Index is based on expert assessments of changes in the regulatory environment in six areas: Governance, Public Finance, Monetary system, Business Environment, Energy, Human Capital. Information about the Reforms Index project, the list of Index experts and the database of the regulations assessed are available here.

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