02 April 2021 of the year
AVER LEX defended the interests of a judge
client request
The meeting of the High Council of Justice (HJC) was held on August 11, 2020. The application of the High Qualification Commission of Judges of Ukraine (HQC) on the dismissal of judge Elena Radchykova, based on the results of the qualification assessment, was considered during this meeting.
After reviewing the presented objections from the lawyers and judge, the HJC has completely refused to satisfy the HQC’s application and left the judge in her position.
Managing partner Olga Prosyanyuk and lawyer of the litigation department Kateryna Stashkiv represented the interests of the judge. They stressed the bias and groundlessness of the decision of the HQC.
The resulting result
Firstly, the commission did not clarify on what basis the qualification assessment points were awarded.
Secondly, the members of the Commission who conducted qualification assessment of Elena Radchykova have been considering a disciplinary case against her in 2015. Based on the results of the consideration of this case, they have groundlessly found the decision of judge, which was taken in full accordance with the criminal procedural legislation of Ukraine, as a violation of the principle of the rule of law. But then the disciplinary sanction was not applied in connection with the closure of the case due to the expiration of the terms of bringing to responsibility.
Therefore, there is reason to believe that the HQC’s recommendations to dismiss a judge according to qualification criteria was based on the conclusions of a previously reviewed disciplinary case and was the actual intention to apply disciplinary sanction to the judge.
As a result, the HJC took into account all the arguments of the defenders and recognized the HQC’s decision as groundless.
К :
Managing partner Olga Prosyanyukand lawyer of the litigation department .
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