Subject of Dispute: Challenging the Decision of the High Council of Justice on Dismissal of Judge PERSON_1 from the Position of Judge of the Obolon District Court of Kyiv City on the Grounds of Committing a Significant Disciplinary Misconduct.
Main Arguments of the Court:
1. The decision to dismiss the judge was made by a legitimate composition of the HCJ (13 members), which complies with the legislative requirements.
2. The decision is based on the previous decision of the First Disciplinary Chamber of the HCJ dated 04.03.2020 on bringing the judge to disciplinary responsibility, which was left unchanged by the HCJ decision dated 11.02.2021 and confirmed by the resolution of the Grand Chamber of the Supreme Court dated 16.12.2021.
3. The court established that the decision contains a specific ground for dismissal – the judge’s commission of a significant disciplinary misconduct when considering a civil case, specifically improper evaluation of evidence and violation of procedural law norms.
Court Decision: The claim to recognize the HCJ decision on dismissal of the judge as unlawful and to cancel it has been denied.
