The State Bureau of Investigation Churns Out Cases Against the HQCJ

The State Bureau of Investigation (SBI) has opened several new criminal proceedings against members of the High Qualification Commission of Judges of Ukraine (HQCJ), according to a statement by the Anti-Corruption Action Center on March 21.

This time, HQCJ members Roman Sabodash and Ruslan Melnyk have come under SBI scrutiny. The basis for launching the criminal proceedings was that relatives of HQCJ members are participating in the competition for appellate courts and have passed the written test with a qualifying score.

The only ground for the SBI’s actions was a request submitted by Kyrylo Nesterenko, a Member of Parliament from the Servant of the People party. Interestingly, this same MP avoided liability for drunk driving thanks to a decision by Svitlana Smyk, a judge of the Pechersk District Court in Kyiv, who herself has not yet undergone a qualification assessment.

SBI investigators predominantly receive search warrants and other investigative authorizations from the Pechersk District Court of Kyiv. Qualification assessment poses a direct threat to judges from this court. It appears that this series of criminal cases aims to intimidate HQCJ members. In the past, SBI investigators employed similar tactics against former HQCJ head Roman Ihnatov. Ultimately, he resigned from his position, and the SBI lost interest in investigating his case.

The SBI has also suddenly recalled the issue of a fake PhD diploma held by HQCJ member Volodymyr Luhanskyi. This case had previously been with the National Anti-Corruption Bureau (NABU) and was of no interest to investigators — until the conversation turned to the assessment of judges from the Pechersk District Court.

These are not the first SBI cases against HQCJ members. Previously, they “went after” Oleksii Omelian based on statements from Oksana Tsarevych, a judge infamous for her rulings during the Maidan protests, and pro-Russian MP Maksym Buzhanskyi.

It seems that judges from the Pechersk District Court may succeed in derailing their own vetting, as qualification assessments will effectively be paused starting in May, while the HQCJ will primarily focus on conducting competitions for appellate courts. DEJURE Foundation urges the SBI not to contribute to the delay of the evaluation process for judges from Pechersk and other Kyiv courts—such actions clearly do not benefit the state. At the same time, the HQCJ must demonstrate resolve and not succumb to pressure from the old judicial elites and law enforcement bodies.