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Case No. 990/69/24 dated 31/10/2024

Appeal Against the Inaction of the High Qualification Commission of Judges of Ukraine (HQCJ) Regarding the Non-Consideration of Judge PERSON_1’s Application for the Dismissal of Commission Member PERSON_2 Due to Gross Negligence of Duties.

2. The parties in the case were Judge PERSON_1, who believed that the HQCJ violated her rights by not properly considering her application, and the HQCJ, which opposed the lawsuit, asserting that it acted in accordance with the law.

3. The Cassation Administrative Court within the Supreme Court denied PERSON_1’s claim.

4. The main facts were that PERSON_1 submitted an application to the HQCJ requesting the consideration of the dismissal of Commission Member PERSON_2, believing that she was grossly neglecting her duties and exceeding her authority. The HQCJ put the question of including this application on the agenda of the plenary session to a vote, but the Commission members unanimously voted against its inclusion. The court found that the HQCJ acted in accordance with its Regulations, which allow Commission members to determine the agenda of meetings. Thus, it was concluded that there was no inaction by the HQCJ, as the Commission took actions regarding the consideration of the plaintiff’s application and no violations were committed.

5. The Grand Chamber of the Supreme Court dismissed PERSON_1’s appeal without satisfaction.

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