02 April 2021 of the year
AVER LEX defended interests of judges before the SCJ
In the past few years, there has been an unspoken confrontation in Ukraine between certain law enforcement agencies and judges of the District Administrative Court of Kyiv (DACK), which considers disputes between citizens and representatives or senior officials of government bodies, including law-enforcement agencies.
The law-enforcement agencies initiate criminal proceedings, use operative, technical and other special possibilities, including high-profile information campaigns, against the court. The purpose of these actions is to discredit the court and restrict the possibility to administer justice by its judges. As a result, the principled stance of the court in consideration of disputes between citizens and law-enforcement agencies has served as grounds for such heightened attention on part of the law enforcers.
Within one of the criminal proceedings, the prosecutor’s office initiated a motion to remove the judges of the DACK from administering justice filed with the Supreme Council of Justice, a disciplinary body dealing with judges and public prosecutors. A similar motion on the same grounds and documents, but in the different proceedings, was filed by the prosecutor’s office in 2019, but was rejected by the SCJ as groundless.
The resulting result
On 1 September 2020, the SCJ considered a motion of the law enforcers against the judges during a 12-hour hearing. Olga Prosyanyuk, managing partner, who represented the judges, pointed to the SCJ members that the claims of the prosecution were mainly based on the same circumstances, evidence and documents, which were used in the similar motion a year ago that was rejected. She also voiced a number of severe violations of the procedures and laws of Ukraine during the investigation regarding the judges, and preparation and submission of documents to the SCJ.
Based on the clearly compelling objection of the lawyers of AVER LEX Attorneys at law, filed on behalf of the judges and provided evidence, the SCJ members passed a unanimous decision to reject the motion to remove the judges from administering justice.
The team of 10 lawyers led by Olga Prosyanyuk , managing partner, worked on the project.