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

“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.”

“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.”

“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.”

“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.”

“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.”