GOLAW has successfully defended the judge from unlawful dismissal: new practice of the High Council of Justice

A year ago, the High Judicial Qualifications Commission of Ukraine found the Judge to be inadequate for the post and filed a Petition to the High Council of Justice with a recommendation to dismiss the judge. In accordance with the established practice of the High Council for Justice, such filings are unequivocal grounds for the dismissal of a Judge pursuant to Sub-clause 4 of Clause 16-1 of Section XV “Transitional Provisions” of the Constitution of Ukraine.

Having analysed the case materials, GOLAW lawyers formed a legal position in the interests of the client and drew the attention of the High Council of Justice to significant violations committed during the Judge’s qualification assessment. As a result, the High Council of Justice has denied the Petition filed by the High Judicial Qualifications Commission of Ukraine with regard to the client’s dismissal from the position of the Judge of Economic Court of Kyiv.

It should be noted that such a decision is unusual for the High Council of Justice and may be the beginning of a new practice in considering issues on the dismissal of judges.

The project was run by a team of GOLAW lawyers under the direction of Managing Partner Valentyn Gvozdiy and Partner, Head of Litigation and Dispute Resolution Practice Kateryna Manoylenko. In the High Council of Justice, the Judge was represented by Kateryna Tsvetkova, Counsel at Litigation and Dispute Resolution Practice.