The High Council of Justice stopped the consideration of the application of the judge of the District Administrative Court of the city of Kyiv Evgeniy Ablova for dismissal from office.
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According to Part 3 of Art. 55 of the Law of Ukraine “On the High Council of Justice”, the Council may stop consideration of a judge’s resignation while considering a complaint or application, the consequence of which may be the dismissal of the judge from office.
Before Judge Evgeniy Ablov’s resignation letter was received, the VRP received disciplinary complaints, which may be grounds for disciplinary action. One type of disciplinary sanction against a judge is dismissal, which is applied when a significant disciplinary offense is committed.
The grounds for resolving the issue of committing a significant disciplinary offense arose before Evgeniy Ablov submitted his resignation. Therefore, the VRP stopped the consideration of his application pending consideration of disciplinary complaints.
Ablov planned to take advantage of the loophole and resign on his own, without waiting for dismissal for numerous violations. This would make it possible to receive a lifelong pension of about 100 thousand UAH per month. Other OASC judges could take advantage of this loophole.
Case of the OASC judges
In October, the High Anti-Corruption Court rejected the defense’s requests to return the indictment. Such motions have been filed by the defense over the past few months. In total there were almost two dozen of them.
All of them boiled down to the fact that allegedly the suspicions and indictments were handed over to the defense in an improper manner, in violation of the procedure established by the Code of Criminal Procedure, they say, the charges were not spelled out specifically and none of the defendants understood what they were accused of.
The court did not agree with such arguments and moved on to consider motions to close the proceedings.
In general, the preparatory meeting on the case of the OASC films has been going on for more than a year.
During the first three months they could not form a panel of judges. When this was achieved in September last year, groundless challenges and delays on the part of the defense immediately began. One of the accused, who took turns being ill, did not attend almost every hearing.
This is not the first time that OASC judges have had problems with immunity. In 2019, almost all the judges suddenly fell ill one day and missed the qualifying assessment.
Also, new lawyers were attached to the case several times, who, of course, asked for time to familiarize themselves with the materials.
Source: Racurs
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