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On September 18, the Supreme Court of Ukraine declared that the content of the conversations in the offices of the Kiev District Administrative Court caused significant damage to the judiciary. The Higher Council of Justice believes that such comments on the material of the criminal process are not provided for by law.
The comment of the Supreme Court of Ukraine on the file of the judges of the Kiev District Administrative Court (OASK) was inappropriate and introduced unnecessary politicization in the processes taking place in the judiciary. This is stated in the statement from the press office of the Superior Council of Justice (SCJ), which was published on September 18.
“The public statements of the Supreme Court, commenting on the materials of the criminal proceedings against the judges of the District Administrative Court of the city of Kiev, in respect of which the Higher Council of Justice made decisions, are an assessment proportionate in a manner not provided for by current legislation. These statements do not affect the content or legal consequences of decisions made by the Supreme Council of Justice and introduce an inappropriate politicization of the processes in the Judicial Power, “the statement said.
The audio recordings of the conversations of the UASC judges’ offices were released by the National Anti-Corruption Office about two months ago, so the appearance of the Supreme Court comment now seems strange, the council said.
“A judge may not make public statements, comment in the media on materials or the course of cases pending before the court, and challenge judicial decisions that have legally entered into force. A judge may not reveal information that has reached him know in relation to the consideration of the case “, – indicated in the GSP.
On September 18, the Supreme Court issued a statement related to the situation surrounding the investigation into the activities of the UASK judges. He claims that the content of the minutes of the judges’ offices caused significant damage to the judicial authority of Ukraine and they denied efforts to increase citizens’ confidence in the courts.
On July 17, NABU reported that law enforcement officers handed over suspicions to UASC President Pavel Vovk, six other judges, as well as the head of the State Judicial Administration, Zenoviy Kholodnyuk.
On the same day, NABU released the movie “Abuse at the OASK: New Episodes”. It contains telephone conversations of the head of Vovk with several interlocutors. In particular, the issue of taking control of the Commission for High Qualification of Judges and the Superior Council of Justice is being discussed. “Pasha, what are we going to do, how do we take power?” – Vovka asks in one of the episodes, the judge OASK. He responds: “The main thing is not to lose it.”
The NABU explained that Vovka was charged with part 3 of art. 27, art. 351² (organization of obstruction of the activities of the Higher Council of Justice, the Commission for High Qualification of Judges of Ukraine), part 3 of art. 27 h. 2 tbsp. 375 (organization of a deliberately unfair verdict, decision, sentence or ruling by a judge (judges) and Part 2 of art. 376 (interference in the activities of the judiciary) of the Criminal Code of Ukraine.
The suspicions are based on an analysis of the records that were made at Vovk’s office and made public on July 26, 2019. Later, the prosecutor’s office said that UASK judges systematically interfered in the activities of the most high authorities of Ukraine. The UASK announced a serious interference in its activities, attempts to pressure the judges and discredit them. Vovk said that the records in the courtroom are a “circus” and that the recordings of the judges’ conversations, made public by law enforcement officers, were falsified.
11 judges of the Kiev District Administrative Court on July 31, 2020 complained to the SCJ about pressure exerted by law enforcement officials.
On September 1, the High Council of Justice refused to comply with Attorney General Irina Venediktova’s request to remove Vovk and five OASK judges involved in criminal proceedings.
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