The submission on dismissal of judge Mr. Valerii Chornobuk was filed to the Parliament of Ukraine
According to the HCJ’s press office information (http://www.vru.gov.ua/news/1696) upon the results of secret ballot at the meeting of the High Council of Justice it was decided to file a submission on dismissal of Mr. Valerii Chornobuk, judge of the Appeal Court of Dnipropetrovsk oblast, due to oath violation.
Pursuant to the decision about Mr. Valerii Chornobuk dismissal was the decision of the High Qualification Commission of Judges of Ukraine dated 2 June 2016
№ 1195/dp-16 on recommending the submission filing in accordance with subparagraph 5 of paragraph 5 of the Article 126 of the Constitution of Ukraine due to oath violation.
The commission came to the conclusion that Mr. Valerii Chornobuk violated oath by publicly commenting the results of so-called referendum on the status of Autonomous Republic of Crimea, by denying the meaning of the judge oath, by calling for studying of the legislation of Russia, by taking part in the organization and implementation of activities aimed at exercising of judicial authority in accordance with legislation of the Russian Federation at the temporarily occupied territory.
The grounds for opening the disciplinary case was the appeal of Mr. V.Sidorenko, the editor-in-chief of project “Lustrator 7.62” of “1+1” television channel, and also the appeal of Dnipropetrovsk regional branch of the political party “Democratic Alliance”. The authors of the above appeals paid attention to the oath violation of Mr. Valerii Chornobuk and referred to the internet post with a speech of Mr. Valerii Chornobuk, the head of the Appeal Court of Autonomous Republic of Crimea, containing appeals to judges for acquiring the Russian Federation citizenship, and also videos with Mr. Valerii Chornobuk’s interviews about exercising of judicial authority in accordance with legislation of the Russian Federation and organizing of studying of the legislation of Russia among judges.
According to the HCJ information notice one of the videos, considered by the HQCJU, Mr. Valerii Chornobuk, the head of the Appeal Court of Autonomous Republic of Crimea, answered to one of journalist’s questions about his attitude towards the obligation of judges to exercise judicial authority in accordance with legislation of the Russian Federation the following: “… We took the oath of judge, not oath to the President or oath to the nation, it is called “oath of judge”. That’s why no one judge who decided to continue working in the appeal or regional courts of Autonomous Republic of Crimea, violates oath”.
During the disciplinary proceedings it was found that the statements of Mr. Valerii Chornobuk about his removal from office of the head of the Appeal Court of Autonomous Republic of Crimea; about his acting under duress and under threat – are not confirmed by any evidence, such statements contradict the circumstances and are denied by other persons.
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