How Did the Week Go for the High Council of Justice? May 5–9, 2025 - 95231
Back

How Did the Week Go for the High Council of Justice? May 5–9, 2025

During the week of May 5–9, the High Council of Justice (HCJ) faced questions about its tolerance toward judges who have engaged in misconduct, most notably, drunk driving and helping other drunk drivers evade liability. While this is not an exhaustive list of their wrongdoings, it appears that they continue to avoid consequences. On a positive note, HCJ members blocked an attempt by a Kyiv district judge to honourably retire.

Here’s a closer look at what these judges did and how the HCJ responded.

The Negative:

Volodymyr Monych — Judge of the Mukachevo District Court in Zakarpattia Oblast.

The HCJ once again postponed consideration of his disciplinary case (the previous delay had already lasted over a year).

Background: In 2019, Monych was stopped by police who noted signs of intoxication: an unsteady gait and the smell of alcohol. He refused to take a sobriety test and claimed he had just been dropped off. Only the judge and his car were present at the scene. The police filed an administrative protocol for drunk driving, but in February 2020, the court closed the case after “witnesses” surfaced claiming Monych hadn’t been driving. Notably, the officers who stopped him were not called to testify.

In spring 2024, during a disciplinary review, a police officer testified under oath that he had seen the judge exit the driver’s seat and showed clear signs of intoxication. Body camera footage was also reviewed, showing Monych not denying his intoxication.

Despite this, HCJ members Salikhov, Burlakov, and Melnyk voted against holding the judge accountable. The complainant, Roman Maselko, appealed the panel’s decision. In April 2024, the HCJ announced a recess to further investigate and summon witnesses.

Now, over a year later, another recess has been announced. All present HCJ members supported rapporteur Yulia Bokova’s request for more time, with no clear end date. This prolongation appears to signal an intent to shield the judge in what is an obvious case of misconduct.

On May 6, the judge’s defence appeared increasingly fabricated. Monych claims he was given a ride by two unnamed individuals who left him at the car and went off on their own. Somehow, he failed to mention this at the time of the incident and was unable to contact them when the police arrived. These “witnesses” only appeared during court proceedings and have repeatedly ignored HCJ summons, suggesting they may have something to hide.

Adding to the concern, Monych’s lawyer accused the police officer of lying under oath and of targeting the judge unlawfully. Yet Monych never challenged the police conduct, indicating that his sole aim was to escape responsibility.

Borys Slobodyanyuk — Judge of the Sarny District Court in Rivne Oblast.

The HCJ submitted a recommendation to the President for his lifetime appointment.

Background: Slobodyanyuk received a negative opinion from the Public Integrity Council. He routinely delayed DUI cases without justification, allowing drunk drivers to avoid punishment. A complaint from the patrol police is pending at the HCJ, along with a disciplinary inspector’s recommendation to open proceedings. HCJ member Roman Maselko proposed postponing the vote on Slobodyanyuk’s appointment until this disciplinary case is resolved, but the suggestion was ignored.

During the meeting, HCJ member Serhiy Burlakov falsely claimed that no disciplinary inspector’s opinion existed, despite it being assigned to him directly. The HCJ’s questioning of Slobodyanyuk revealed a priority for filling judicial vacancies over the integrity of judicial decisions.

The Positive:

Svitlana Smyk — Judge of the Pechersk District Court of Kyiv.

The HCJ suspended the consideration of her request for honourable retirement until the investigation against her is complete.

Background: Smyk is known for systematically helping drunk drivers avoid liability, including MP Kyrylo Nesterenko (Sluha Narodu) and judge Kostiantyn Babenko, who fled police while intoxicated. Smyk is linked to Oleh Tatarov, under whose supervision she defended her thesis in 2018. She also closed a case concerning President Zelenskyy’s failure to timely declare 2.5 million UAH in bond profits. Smyk has consistently obstructed public access to high-profile court hearings and interfered with journalists’ work.

In November 2024, the State Bureau of Investigation (SBI) filed a high-priority complaint against Smyk to the HCJ. Aware of the risk of dismissal, she requested retirement, thus seeking to avoid accountability while securing a lifetime pension. After several votes, the HCJ finally suspended the retirement decision on May 6 until the SBI complaint is resolved. A disciplinary hearing is now pending and could result in her dismissal.

This week, the High Council of Justice largely chose to tolerate misconduct by judges involved in drunk driving or shielding such offenders. This trend signals a troubling regression that undermines efforts to cleanse the judiciary of low-integrity judges.

Other news
To the section
New rules bring new risks. What the draft law on the selection of HCJ members changes
New rules bring new risks. What the draft law on the selection of HCJ members changes

The government’s draft law submitted to the Venice Commission for consideration, in addition to a new procedure for forming the HQCJ, also substantially changes the procedures for electing (appointing) members of the High Council of Justice (HCJ). The proposed changes may create new risks for...

The government proposes a “broken bicycle” for international experts in the commission selecting HQCJ members
The government proposes a “broken bicycle” for international experts in the commission selecting HQCJ members

The High Qualifications Commission of Judges (HQCJ) is a body that can recommend a person for the position of judge or recommend their dismissal. That is, whoever decides your case, should you suddenly have to go to court, depends on the HQCJ’s assessment. Judges over judges, so to speak. Logi...

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

Special by topic
To the section
THE “REBOOTED” HIGH COUNCIL OF JUSTICE:WINS AND FAILS
Judicial reform roadmap