1. The subject of the dispute is the decision of the High Qualification Commission of Judges of Ukraine (HQCJ) on recognizing a judge as not meeting the requirements of the position held, and submitting a motion to the High Council of Justice (HCJ) for her dismissal.
2. The court substantiated its decision by the fact that the procedure for the judge’s qualification assessment was completed by the decision of the HQCJ panel, which was supported by the HCJ, which submitted a motion to the President for the appointment of the judge to the position. The court emphasized that the HCJ, as a constitutional body, has already assessed the judge’s compliance with the criteria of integrity and professional ethics, and its decision is legally binding. According to the court, the repeated qualification assessment is not provided for by the current legislation and contradicts the principle of legal certainty. The court also noted that the absence of a Presidential decree on the appointment of a judge does not give the HQCJ the right to continue the assessment procedure. The court emphasized that the HCJ acted within its powers defined by the Constitution and laws of Ukraine, and the HQCJ has no right to re-evaluate its decisions. The court noted that in this decision, it departs from the previous position that was in other decisions of the Supreme Court.
3. The court granted the claim and overturned the HQCJ’s decision on the judge’s non-compliance with the position held.
