A decision that could bring Vovk back: the Grand Chamber will consider the Burkhan case - AF3C6
Back

A decision that could bring Vovk back: the Grand Chamber will consider the Burkhan case

On 20 November, the Grand Chamber of the Supreme Court may adopt a decision that opens the door for former judge Pavlo Vovk to return to the system and undo the efforts to cleanse the judiciary. This will happen if the Grand Chamber overturns the decision of the High Council of Justice regarding Serhii Burkhan of the Verkhnodniprovsk District Court in Dnipropetrovsk oblast.

The High Council of Justice dismissed Burkhan from his judicial position for committing a disciplinary offence. The former judge is accused of bribery: covert investigative actions document how he discussed “issues” informally with an intermediary and negotiated the lifting of an asset seizure. According to the verdict of the High Anti-Corruption Court, the intermediary confirmed that he communicated with the judge to secure judicial decisions in exchange for unlawful benefits.

Why is this case directly related to Pavlo Vovk?

At the heart of the dispute is a fundamental question: can the High Council of Justice use criminal case materials in disciplinary proceedings, including covert investigative actions (audio recordings, video surveillance)? The Grand Chamber has repeatedly affirmed that it can. But now there is an effort to break this position, specifically in the interests of Pavlo Vovk, the former head of DACK, who was dismissed on the basis of NABU’s leaked tapes.

If, in the Burkhan case, the Grand Chamber suddenly decides that the HCJ had no right to use pre-trial investigation materials, this will establish a new practice that will be used to bring Vovk back into the system. And the fact that such a reversal is happening right before the consideration of Vovk’s own case on 27 November will likely be presented as a “coincidence.”

The consequences could be devastating

Overturning the HCJ’s decision regarding Burkhan will become a signal for reinstating not only Vovk, but also other figures featured in the “Vovk’s tapes” and judges dismissed on the basis of criminal investigation materials. This would mean the return of dozens of low-integrity judges suspected of criminal offences and the de facto halt of judicial cleansing.

It will also serve as further evidence that, despite the liquidation of DACK, the judicial mafia still influences key institutions, including the Supreme Court itself. After such a decision, the question will arise as to whether Ukraine can move toward a fair judiciary and European integration if the associates of Vovk — the head of the very court that could have reinstated Yanukovych as President — return to the system.

The issue of using criminal case materials in disciplinary proceedings was examined by DEJURE experts in the analytical report “Crossroads of criminal and disciplinary processes.”

Other news
To the section
€286 million for a “reform” that helps judges avoid accountability?
€286 million for a “reform” that helps judges avoid accountability?

The EU is about to pay Ukraine €3 billion for 10 implemented reforms. One of them is an updated review of judges’ integrity declarations. That one alone carries a payment of €286 million. According to European Pravda, the European Commission is proposing to disburse the funds to Ukraine un...

Supreme Court Plenum initiates a competition for more than 50 vacant positions
Supreme Court Plenum initiates a competition for more than 50 vacant positions

The Plenum of the Supreme Court (SC) is considering an application to the High Qualifications Commission of Judges (HQCJ) to announce a competition for vacant positions. There are currently more than 50 vacancies. Filling all vacancies at the Supreme Court after the competition procedure has been im...

Grand Chamber of the Supreme Court overturns the dismissal of the “coffee-loving judges” from the court of appeal
Grand Chamber of the Supreme Court overturns the dismissal of the “coffee-loving judges” from the court of appeal

The Grand Chamber of the Supreme Court (GC SC) has overturned the decision of the High Council of Justice (HCJ) in the case of Kyiv Court of Appeal judges Ihor Palenyk, Yurii Slyva and Viktor Hlynianyi. These are the same judges from the story about a USD 35,000 bribe, where the money was found in&h...

Special by topic
To the section
Supreme Court Unmasked: Corruption, Opposing Reforms and Russian Passports
THE “REBOOTED” HIGH COUNCIL OF JUSTICE:WINS AND FAILS
Judicial reform roadmap