Political Points for 22 – 29 October 2018
Political Points of the Centre of Policy and Legal Reform include a weekly expert analysis of the most important processes in Ukraine in areas of constitutionalism, political parties and elections, governance and public administration reform, judiciary, combatting corruption, criminal justice, etc.
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Competition to the High Anticorruption Court began with discrimination
1. CPLR expert opinion
The High Qualifications Commission of Judges adopts discriminatory decisions during the recently initiated competition to the High Anticorruption Court, by allowing the same candidates to participate in the competition and rejecting the others under the same conditions.
Thus, on October 26, 2018, the High Qualifications Commission of Judges did not give a permission to take part in the competition for Larysa Golnyk, a corruption incriminating judge who was brought to disciplinary responsibility for confronting the chairman of the court. At present, the judge appealed the disciplinary penalty, and her case is being considered by the Grand Chamber of the Supreme Court.
Indeed, in accordance with the law, availability of an outstanding penalty makes it impossible to participate in the competition.
At the same time, on October 8, 2018, the Commission allowed a judge Maya Butenko to take part in the competition, despite the fact that she also has an outstanding disciplinary punishment, which was left in force by the High Council of Justice.
2. Respective authorities counter-point/argument
The High Qualifications Commission of Judges has not publicly explained the reasons for such discriminatory practices. There are no justified decisions on non-admission to the competition on the web-site of the Commission.
3. CPLR assessment of the authorities counter-point
The failure of the Commission to publicize well-grounded decisions in the absence of any explanations merely confirms the discriminatory nature of adopted decisions and casts a shadow over its ability to hold the contest impartially and fairly.
4. Related legislation/instructions which require the authorities act in a certain manner
In accordance with Part 7 of Article 109 of the Law of Ukraine “On the Judiciary System and the Status of Judges”, “a judge who has an outstanding disciplinary penalty can not take part in a competition for a post in another court”.
5. CPLR expert suggestions on how to fix the problem using the legal instruments available in Ukraine
The High Qualifications Commission of Judges has to either provide well-grounded explanations to the discrepancy in its practice or eliminate the revealed discrimination by reviewing the relevant decisions.