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Automatically translated version. May contain inaccuracies compared to the original.
Yesterday the High Council of Justice Commission recommended transferring to the Kyiv District Administrative Court the judges of the Kyiv District Administrative Court Kyrylo HARNYK, Ihor ISHCHUK, Kostiantyn KOBYLIANSKYI, Olena PATRATII, Ihor POHRIBNICHENKO, and Viktor SHULEZHKO.
To justify its decision it wrote four sentences:
- The law obliges the Commission to do this;
- The budget spends up to 155 million UAH annually on the judges of OASK;
- The liquidation of OASK is possible only after the dismissal or transfer of all its judges;
- The transfer procedure does not provide for an assessment of a judge's competence, professional ethics, or integrity.
If this was so necessary, why wasn't it done earlier? We'll tell you about that next.
We waited a whole day for some adequate explanation from HCC member Serhii Chumak, who usually posts on FB as soon as he manages to make a decision.
But here—SILENCE!
At the same time, the Commission's decision regarding these judges has clearly caused a crisis of confidence in the HCC and cast doubt on its previous achievements.
However, unlike the pseudo-foundation DEJURE and Doctor of Sciences Mykhailo Zhernakov, we understand the legal nature of yesterday's decision.
For example, the impossibility of announcing a competition in the district administrative courts without transferring those OASK judges who are considered to have successfully passed the qualification assessment.
But why is there no explanation about this from the HCC?
However, the most interesting thing in this story is not even why the OASK judges were transferred right now, or why the HCC is silent about the real reasons for this decision.
As our sources say, the votes for this transfer were gathered personally by the Chair of the Cassation Administrative Court, Ihor Dashutin. And he didn't just gather them—he insisted that all the OASK judges be transferred exclusively to one court, not scattered among different courts. And that it should be exclusively KOAS.
And the transfer didn't happen earlier because KOAS didn't have a sufficient number of vacancies. So they had to wait for them.
We are at a loss for versions of why this is needed. Maybe to increase the ability to allocate cases coming to KOAS to the desired and obedient judges, who, as we see, are being transferred from OASK “in bulk”?
At this rate we'll soon have not only the well-known Vovk tapes, the Knyazev tapes, but also tapes with other surnames.
And if Dashutin's surname appears on any of those tapes, we'll also get a reform of the Supreme Court modeled on Moldova, because the cup of patience among our European partners has its limits.
We hope the High Council of Justice will take all this into account before making a decision on transferring the OASK judges.
Although before resolving the transfer issue, the High Council of Justice should consider all disciplinary cases regarding those OASK judges who are applying to become judges of KOAS.
We have no questions about those OASK judges who have no disciplinary cases or open criminal proceedings.
