NGOs urge not to consider the resignation of Yevheniy Ablov and other judges until the complaints against them are considered

Читати українською.

We, non-governmental organisations dedicated to monitoring and promoting judicial reform, are considered by the situation when judges who are eligible for dismissal on account of misconduct are granted the option to evade retribution and get an honourable resignation.

On April 27, the High Council of Justice will consider the resignation of the deputy head of the scandalous District Administrative Court of Kyiv - Yevheniy Ablov. Consideration of this issue is another test for the updated HCJ. After all, it is currently considering several complaints regarding the actions of judge Ablov. Furthermore, Ablov is in the dock at the HACC, where he is accused of corruption crimes.

If the members of the HCJ approve his resignation, Yevheniy Ablov will avoid a disgraceful dismissal due to misconduct and will actually leave the post of judge with honours and significant payments from the state (about UAH 100,000 per month).

Such actions of the HCJ will actually open up the opportunity for all judges of the scandalous DACK and other violators to avoid disgraceful dismissal, secure a lifetime pension at the expense of taxpayers, and also have immunity from law enforcement officers because it is also impossible to detain a retired judge without the permission of the HCJ.

At the same time, in the future, cancellation of resignation and payments for such judges is possible only if they are brought to criminal liability.

Among the scandalous judges who have already submitted their resignations and are trying to avoid disgraceful dismissals is the judge of the Kolomyia District Court, Volodymyr Pyatkovsky, who is accused of receiving a bribe, the judge of the Kyiv DAC, Oleksandr Brahin, whose case regarding the failure to submit a declaration is currently being considered by the Supreme Court, and others.

Judges, regarding whom there are complaints, are more inclined to submit their resignations because prior to the creation of the Service of Disciplinary Inspectors, the High Council of Justice lacks the authority to conduct disciplinary proceedings and dismiss judges for misconduct.

Based on the above, we call on the responsible authorities to facilitate the solution, in particular:

The High Council of Justice — to stop consideration of the issue of the resignation of judges pending consideration of disciplinary complaints against them.

The Verkhovna Rada of Ukraine — to give the High Council of Justice the authority to temporarily consider complaints against judges until the creation of the Service of Disciplinary Inspectors.

DEJURE Foundation
Anti-Corruption Action Centre