1. The subject of the dispute is the appeal of the decision of the High Qualification Commission of Judges of Ukraine (HQCJU) regarding the non-approval of the results of the qualification examination taken by a candidate for the position of judge of the court of appeal.
2. The court found that the HQCJU, acting within the limits of its discretionary powers during the qualification assessment, must ensure the objectivity and transparency of the procedure. Proper documentation of the assessment results, as well as their complete reflection in the competition materials, is important. The court emphasized that the assessment methodology should be clear and understandable, and the development of such a methodology is the responsibility of the Commission. The HQCJU’s decision did not state the reasons for assigning scores for the criteria and elements provided for by the Regulation and Methodology, which deprived the court of the opportunity to verify the validity of the assessment. The court also disagreed with the plaintiff’s arguments regarding the discriminatory nature of the assessment, as no evidence of biased treatment towards her during the competition was provided. The court noted that the lack of detail in the assessment may raise questions regarding the fairness and objectivity of the assessment process, and may also lead to insufficient justification of the score assigned.
3. The court partially satisfied the claim, recognizing as unlawful the decision of the HQCJU regarding the approval of the results of the plaintiff’s examination and obliging the Commission to re-evaluate her practical assignments taking into account the established methodological guidelines.
