The Supreme Court ordered the HCJ to consider judge Andrienko’s resignation

On December 19, the High Council of Justice (HCJ) will review two separate matters regarding the dismissal of Hanna Andrienko, a judge of the Oktyabrsky District Court of Poltava. The first concerns her dismissal following a recommendation from the High Qualification Commission of Judges (HQCJ), as she failed to pass the qualification assessment. The second is related to her resignation.

Judge Andrienko is notorious for having delayed the consideration of nearly fifty cases related to drunk driving, two of which she allegedly falsified.

Back in 2020, Andrienko submitted her resignation. However, in 2021, she was subjected to disciplinary sanctions and was required to undergo a qualification assessment. By February 2024, she had still not passed the assessment but requested the HCJ to reconsider her resignation. The HCJ refused, and Andrienko challenged this decision before the Supreme Court.

The Administrative Court of Cassation within the Supreme Court, along with the Grand Chamber of the Supreme Court, ruled that the HCJ must review Andrienko’s resignation despite the fact that she had not completed her “penalty” in the form of undergoing the qualification assessment. Only after the assessment will the HCJ consider the HQCJ’s recommendation to dismiss her. The Grand Chamber of the Supreme Court justified its decision by citing alleged inconsistencies in the HCJ’s practice regarding the suspension of judges’ resignations when they are undergoing qualification assessments as a disciplinary measure. However, the Supreme Court failed to acknowledge that the authority to suspend the consideration of a resignation is within the exclusive discretion of the HCJ.

DEJURE Foundation hopes that the HCJ’s decision will be just and that it will not allow a judge who manipulated judicial proceedings and sought to evade integrity assessment to retire honourably.