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Statement of the High Qualification Commission of Judges of Ukraine on investigative actions of the State Bureau of Investigation

17.03.2025

The State Bureau of Investigation conducted a search at the premises of the High Qualification Commission of Judges of Ukraine. This investigative action was carried out on the basis of a ruling of the Pechersk District Court of Kyiv dated March 10, 2025, within the framework of criminal proceedings registered on July 25, 2024, on the grounds of a criminal offence under part one of Article 376-1 of the Criminal Code of Ukraine (unlawful interference with the operation of automated systems in the bodies and institutions of the justice system).

In addition, today, on March 14, 2025, the State Bureau of Investigation conducted a search at the place of residence of the Deputy Head of the Commission in the framework of criminal proceedings under Article 384 of the Criminal Code of Ukraine.

Also, on March 14, 2025, the Commission members received summonses to appear before the State Bureau of Investigation on March 17-18, 2025 for questioning as witnesses in criminal proceedings on the grounds of criminal offences under Article 182(1) and Article 382(3) of the Criminal Code of Ukraine (regarding the renewal of the initial qualification evaluation of judge of the Pechersk District Court of Kyiv O. Tsarevych). 

According to the available information, the State Bureau of Investigation is also conducting a pre-trial investigation on the grounds of a criminal offence under part five of Article 191 of the Criminal Code of Ukraine regarding the decisions taken by the Commission within the framework of the qualification evaluation of the suitability for the position held of judge of the Kyiv City Commercial Court I. Otrosh, who was dismissed from office on the recommendation of the Commission.

First of all, the Commission notes that pre-trial investigation bodies should play an important role in ensuring law and order in the country, especially under martial law, and it is the duty of state bodies to facilitate their activities.

According to Article 234 of the Criminal Procedure Code of Ukraine, a search is conducted if the pre-trial investigation body cannot voluntarily gain access to the things, documents or information that may be contained therein by requesting things, documents or information.

The Commission emphasises that it has always fully and promptly complied with all legal requirements of the pre-trial investigation authorities. There has never been a single case of ignoring relevant requests.

Pursuant to the decision of the Administrative Court of Cassation of the Supreme Court of March 11, 2024 in case No. 990/305/23, the Commission resumed the initial qualification evaluation of a judge of the Pechersk District Court of Kyiv O. Tsarevych on August 14, 2024.

The Commission’s Decision of  March 07, 2025, No. 47/zp-25 sheduled testing of personal moral and psychological qualities and general abilities as part of the qualification evaluation procedure for suitability for the position held, in particular, of judges of the District Administrative Court of Kyiv (Y. Ablov, P. Vovk, A. Kuzmenko, T. Skochok, O. Sokolova, V. Amelohin) and other administrative courts, judges of the Pechersk District Court of Kyiv (O. Bilotserkivets, S. Vovk, I. Hryhorenko, V. Kitsiuk, R. Kozlov, K. Konstantinova, V. Pidpalyi) and other local general courts of Ukraine as of March 17, 2025.

The Commission also notes that on March 12, 2025, the results of the practical assignment and the results of the qualification exam in administrative specialization in general, performed by the candidates for vacant positions of judges of administrative courts of appeal were approved. In May 2025, the Commission plans to start interviews with candidates as part of the qualification evaluation, which will result in recommendations for appointment to the positions of judges of administrative courts of appeal throughout Ukraine.

Similar results of the qualification exam will be published in the near future and a schedule for interviews with candidates for the position of a judge of the commercial and general specialization will be determined. The interviews are scheduled to begin in May – June 2025.

The competition to the High Anti-Corruption Court is at the stage of recommending candidates for appointment as judges.

On March 01, 2025, the Commission started accepting documents for the selection of local court judges, and the qualification exam is scheduled to begin in June 2025.

The Commission acts exclusively within the law and performs its functions responsibly and impartially, ensuring the independence of the judiciary as one of the key principles of a democratic state.

In accordance with Articles 92 and 93 of the Law of Ukraine “On the Judiciary and the Status of Judges”, no other body or institution, except for the High Qualification Commission of Judges of Ukraine, is authorised to perform the constitutional functions of selection and evaluation of judges. The Commission is solely authorised to determine how the evaluation procedure should be conducted and what exactly is to be found out during the evaluation of a judge and a candidate for the position of a judge. This approach is based on the separation of state power into legislative, executive and judicial branches. Interference in the performance of the constitutional function by the High Qualification Commission of Judges of Ukraine is unacceptable and contrary to the principles of judicial independence.

Unlawful influence in any form on the Chairman or a member of the High Qualification Commission of Judges of Ukraine in order to prevent them from performing their official duties or to obtain unlawful decisions shall entail criminal liability under Article 344 of the Criminal Code of Ukraine.

The High Qualification Commission of Judges of Ukraine considers the actions of the State Bureau of Investigation to be an encroachment on the institutional independence of the Commission as a judicial governance body with the aim of destabilising its work and preventing it from fulfilling its tasks.

Such actions may lead to disruption of competitions to the High Anti-Corruption Court, appeal and local courts, as well as completion of the qualification evaluation of judges for suitability for the position held, which endangers Ukraine’s European integration aspirations.