DACK cases and judges can end up in the same court again

The High Qualifications Commission of Judges (HQCJ) has recommended transferring 6 judges of the liquidated DACK to the Kyiv District Administrative Court (KDAC). All the cases of the liquidated DACK had previously been transferred to the KDAC as well. In other words, the nameplate has changed, but the cases are the same.

Disciplinary proceedings are ongoing against some of these judges, and one of them is a defendant in two criminal cases.

In effect, this means the return to administering justice of the following judges:

Ihor Pohribnichenko

• He is a defendant in two criminal proceedings concerning Pavlo Vovk’s criminal organisation, the seizure of state power, and interference in the work of judicial governance bodies.
• On the “DACK tapes” he boasted that, once he was formally recognized as a judge of integrity, he could allow himself things he had not dared to do before.

Kyrylo Harnyk

• He refused to undergo an intoxication test, for which the Disciplinary Chamber of the HCJ filed a motion for his three-month suspension from administering justice.
• He banned peaceful assemblies in central Kyiv for the duration of the visit of Moscow Patriarch Kirill.
• Over nine years, his family officially earned UAH 3.4 million but acquired property worth UAH 12.3 million.

Kostiantyn Kobylianskyi

• The judge and his family used property worth approximately UAH 16 million, the origin of which was not explained by their official incomes.
• He was assessed by HQCJ members who had celebrated the birthday of DACK judge Yevhen Ablov together with him and did not recuse themselves.

Viktor Shulezhko

• He banned peaceful assemblies during the “language Maidan,” and the ruling was announced right in the middle of an attempt to disperse the protesters.
• He unblocked the transfer of almost UAH 200 million to a company linked to Yanukovych’s son.
• He annulled the Kyiv City Council’s decision protecting Protasiv Yar from development, but the appellate court fully overturned his ruling.
• He discussed blocking the work of the HQCJ with Pavlo Vovk and other DACK judges.

Ihor Ishchuk

• He sided with Andriy Portnov and did not allow a disciplinary case to be opened against him over threats made to a prosecutor.
• He helped restore the license of “Poplavskyi’s university,” which the Ministry of Education and Science had revoked over the submission of false information.
• He was among the DACK judges who overturned the lustration of officials of the Yanukovych regime.

Olena Patratii

• Twice she was assigned the “right” case after developers filed scattershot lawsuits — and she granted both claims.
• She opened the way for the development of 13 hectares of Podil by ordering a permit to be issued without an environmental impact assessment, the approval of the Ministry of Culture, or other mandatory documents.

We call on the High Council of Justice first to consider the priority disciplinary cases concerning these judges, and only then to take decisions on their transfer.

We also draw the HQCJ’s attention to the need to assess dozens more DACK judges who have not administered justice for over 3 years but continue to receive payments from the budget.