Will the Supreme Court put the qualification assessment in jeopardy? “Maidan judge” Klyuchnyk appeals the decision of the HQCJ
“Maidan judge” Andriy Klyuchnyk decided to join the “cohort” of his colleagues who decided to contest the HQCJ’s ruling that declared him unfit for his position by appealing to the Supreme Court. His case is scheduled for a hearing on May 27.
Klyuchnyk was among the initial judges the newly formed HQCJ recommended for dismissal. His notable actions include the 2014 incarceration of Revolution of Dignity activist Oleksandr Kostur for participating in protests, a decision later found unlawful by a special commission reviewing judges from courts of general jurisdiction.
Furthermore, in 2016, Klyuchnyk declined to hear a request from NABU detectives about another “Maidan judge,” Makukha, citing jurisdiction issues with the Svyatoshyn District Court of Kyiv. This refusal contradicted a recent jurisdictional change by the Kyiv Court of Appeal, which had assigned the case to the Svyatoshynskyi Court a month earlier.
Read more about Judge Klyuchnyk’s decision and issues related to his property in the opinion of the Public Integrity Council.
Klyuchnyk is one of those judges who objected to the qualification assessment because, in their opinion, the HQCJ had no right to conduct it since the HCJ and the President agreed to appoint him and a number of other such judges to positions indefinitely. Learn more about this “plan” here.
What does Klyuchnyk demand?
- to recognise the conduct of his qualification assessment on November 23, 2023 as illegal. It is this demand that the court will consider.
- to recognise as illegal and cancel the decision of the HQCJ to recognise Klyuchnyk as unfit for his position. The Supreme Court closed the proceedings on this demand.
If the Supreme Court agrees with Klyuchnyk’s position, it will mean that not only he but also other judges of this category will actually avoid the qualification assessment, despite all the opinions of the PIC. Therefore, DEJURE Foundation will closely monitor the progress of this case.
