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Digest of events of the High Council of Justice for October 14-25, 2024

31.10.2024
The HCJ will make submissions to the President of Ukraine on appointing 7 judges to local courts

On October 15, 2024,  the High Council of Justice decided to make submissions to the President of Ukraine on appointing two judges to positions in local courts:

Horbatiuk Valerii Volodymyrovych – to the office of a judge of the Vinnytskyi city court of Vinnytsia region;

Poliova Viktoriia Yevhenivna – to the office of a judge of the Novoushytskyi district court of Khmelnytskyi district.

On October 22, 2024,  the High Council of Justice decided to make submissions to the President of Ukraine on appointing two judges to positions in local courts, namely:

Ponomar Vitalii Oleksiiovych – to the office of a judge of the Sosnivskyi district court of Cherkasy;

Syrko Yosyp Yosypovych – to the office of a judge of the Kaluskyi city district court of Ivano-Frankivsk region.

On October 24, 2024,  the High Council of Justice decided to make submissions to the President of Ukraine on appointing three judges to positions in local courts:

Karetnyk Yuliia Mykolaivna – to the office of a judge of the Polohivskyi district court of Zaporizhzhia region;

Kravchenko Tetiana Mykolaivna – to the office of a judge of the Zvenyhorodskyi district court of Cherkasy region;

Temirov Cherkas Mukailovych – to the office of a judge of the Seredyno-Budskyi district court of Sumy region.

8 judges resigned

On October 15, 2024, On October 17, 2024, On October 22, 2024, On October 24, 2024,  the High Council of Justice decided to dismiss 8 judges in general due to their applications for resignation. The lists are available at the following links.

Judge Volodymyr Piatkovskyi has been temporarily suspended from administering justice based on the decision of the Second Disciplinary Chamber of the HCJ

Judge of the Kolomyiskyi city district court of Ivano-Frankivsk region Piatkovskyi Volodymyr Ivanovych has been suspended from administering justice based on the decision of the Second Disciplinary Chamber of the High Council of Justice.

The decision to bring judge to disciplinary liability and apply a disciplinary penalty to him in the form of submission for dismissal from the office was made by the Second Disciplinary chamber of the HCJ on October 16, 2024.

Suspension of judges from administering justice is valid until the High Council of Justice decides to dismiss them from office or cancel the decision of the Disciplinary Chamber.

Judge Pavlo Dobrov has been temporarily suspended from administering justice based on the decision of the Third Disciplinary Chamber of the HCJ

The judge of the Kominternivskyi district court of Odesa region Dobrov Pavlo Volodymyrovych has been suspended from administering justice based on the decision of the Third Disciplinary Chamber of the High Council of Justice.

The decision to bring judge to disciplinary liability and apply a disciplinary penalty to him in the form of submission for dismissal from the office was made by the Third Disciplinary chamber of the HCJ on October 16, 2024.

Suspension of judges from administering justice is valid until the High Council of Justice decides to dismiss them from office or cancel the decision of the Disciplinary Chamber.

HCJ dismissed judge of the Yuzhnoukrainskyi city court of Mykolaiv region for committing a significant disciplinary offense

On October 17, 2024, the High Council of Justice made a decision to dismiss a judge of the Yuzhnoukrainskyi city court of Mykolaiv region Volkova Olena Ivanivna based on item 3 of part three of Article 126 of the Constitution of Ukraine.

The realization of the mentioned procedure was made on the basis of the Third Disciplinary Chamber of the High Council of Justice, which decided to bring a judge of the Yuzhnoukrainskyi city court of Mykolaiv region Olena Volkova to disciplinary liability and apply a disciplinary penalty to her in the form of submission for dismissal from the office.

HCJ dismissed judge of the Marinskyi district court of Donetsk region, who, by the results of qualification evaluation was recognized as such, who does not comply with the office held

On October 17, 2024, the High Council of Justice during its session made a decision to dismiss a judge Medvedskyi Maksym Dmytrovych from the office of the judge of the Marinskyi district court of Donetsk region based on subitem 4 of item 16¹ Chapter ХV “Transitional provisions” of the Constitution of Ukraine.

The decision was made according to the submission with recommendation from the High Qualification Commission of Judges of Ukraine, which stated that by the results of qualification evaluation of judges of local courts Maksym Medvedskyi was recognized as such who does not comply with the office held.

Four judges of the Kyiv appellate court have been temporarily suspended from administering justice based on the decision of the Second Disciplinary Chamber of the HCJ

Judges of the Kyiv appellate court Dziubin Viacheslav Viktorovych, Palenyk Ihor Hryhorovych, Hlynianyi Viktor Petrovych, Slyva Yurii Mykhailovych have been temporarily suspended from administering justice based on the decision of the Second Disciplinary Chamber of the High Council of Justice.

The decision to bring judge to disciplinary liability and apply a disciplinary penalty to him in the form of submission for dismissal from the office was made by the Third Disciplinary chamber of the High Council of Justice on October 23, 2024.

Suspension of judges from administering justice is valid until the High Council of Justice decides to dismiss them from office or cancel the decision of the Disciplinary Chamber.

HCJ Secretariat takes all measures possible to conduct prompt vetting of candidates for two vacant positions of members of the Council

The agenda of the XX regular Congress of judges of Ukraine includes the election of two members of the HCJ.

Prior to the first stage of the congress, which took place on September 18-19, 2024, 12 candidates from the Congress of Judges of Ukraine submitted documents for two positions of HCJ members.

The HCJ Secretariat received responses from all authorized bodies within the framework of the special vetting of only three candidates. 

Regarding the remaining nine candidates, the Council's Secretariat did not receive a response from a number of state bodies involved in the special vetting process within the timeframe established by law.

The HCJ Secretariat sent relevant letters to the authorized bodies on the need to speed up the provision of relevant information on candidates.

HCJ temporarily suspended judge of the Commercial court of Rivne region from administering justice

On October 24, 2024, the HCJ decided to temporarily, for a period of two months, suspend judge of the Commercial court of Rivne region Tserkovna Nataliia Fedorivna from administering justice – with the deprivation of the right to receive additional payments to the official salary of a judge and obligatory sending the judge to the National School of Judges of Ukraine for advanced training on the application of the Commercial Procedural Code of Ukraine and judicial ethics, and further qualification assessment to confirm the judge's ability to administer justice in the relevant court.

Supreme Court confirmed the legality of actions of the High Council of Justice regarding defining the prioritization of disciplinary complaints consideration

By the decision of the High Council of Justice of November 21, 2023, No. 1068/0/15-23, the Rules of Procedure of the High Council of Justice were amended. Item 13.7 defines the prioritization of conducting disciplinary proceedings against judges.

These amends to the High Council of Justice Rules of Procedure were appealed to the Supreme Court.

The Grand Chamber of the Supreme Court by its resolution of October 3, 2024, upheld the decision of the Administrative Cassation Court within the Supreme Court of July 1, 2024, in case No. 990/329/23, which dismissed the claims.

The Grand Chamber of the Supreme Court concluded that the disputed item 13.7 of the Rules does not contradict the provisions of the Law “On the High Council of Justice”, other laws.