The High Qualification Commission of Judges and the Public Council of International Experts, or PCIE, vetoed eight candidates for Ukraine’s new High Anti-Corruption Court late on Jan. 18.
Thus all candidates considered on Jan. 18, who are all judges, were vetoed because they were identified as not meeting integrity, ethics and professionalism standards.
Possible vetoes for another 49 out of the 113 candidates for the court will be considered by Jan. 28.
Under the law, if a majority of both the High Qualification Commission and the PCIE vote for a candidate, she or he continues their participation in the competition, given that at least three of the six PCIE members approve of the candidate. If not, the candidate is vetoed.
The 84-year old father of one of the vetoed judges, Anatoly Zagorodny, has acquired an apartment worth more than Hr 1 million, or about $35,000. Zagorodny responded that he had not talked to his father for more than 30 years and did not know how he acquired the apartment.
He has also banned the filming of a court hearing and reinstated a judge fired for persecuting EuroMaidan Revolution activists.
Another judge vetoed on Jan. 18, Igor Shtulman, has also reinstated a judge fired for persecuting EuroMaidan Revolution activists. He claimed this decision was lawful.
Shtulman also failed to declare the insurance premiums he received in 2017. He said the premiums did not have to be declared because they did not exceed the limit set by the law.
Shtulman has also banned the filming of a court hearing, claiming that he had the right to do so.
Additionally, Shtulman has not recused himself in a case defended by a lawyer who had previously represented Shtulman himself, which was deemed to be a conflict of interest. He argued that he did not have to recuse himself because there was no evidence of his bias.
Taras Zayets, who was also vetoed, is accused of unlawfully bringing a EuroMaidan Revolution activist to trial. He argued that the court ruling was lawful.
He failed to clarify whether he had been checked for compliance with the lustration law that requires the firing of judges for unlawful rulings against EuroMaidan Revolution protesters. Zayets argued, however, that he was not subject to the provisions of the law.
The PCIE also argued that Zayets’ expenses did not match his income. He claimed that his income had exceeded his expenses.
Additionally, the panel said that Zayets had responded to the panel in an aggressive and improper way.
Another vetoed candidate, Dmytro Tishko, failed to declare his wife’s power of attorney and some of her corporate shares.He argued that he did not have to declare them under the law.
Tishko has also issued questionable court rulings, according to the Chesno anti-corruption watchdog.
Oksana Golub was also prevented from continuing to run for a position on the anti-corruption court.
In 2012 and 2013, Golub failed to declare the ownership or use of any residential properties. The Chesno anti-corruption watchdog concluded that this indicates a violation of asset declaration rules. Golub said that she did not have to declare residential premises under the law because she lived at her mother’s house.
During the 2013-2014 EuroMaidan Revolution, Golub stripped an AutoMaidan activist of a driver’s license after an AutoMaidan rally in front of then President Viktor Yanukovych’s Mezhyhyria residence. AutoMaidan lawyer Roman Maselko believes the decision to be unlawful. He said documents in the case were forged, and there was no evidence of the activist’s guilt.
Golub denied the accusations of wrongdoing and said she did not remember the circumstances of the case.
Yevhen Martynov was vetoed because the great-grandmother of his wife has acquired an apartment with an estimated value of $165,000, where he lives. Martynov said that the great-grandmother had suggested that he and his wife live in the apartment.
Additionally, the PCIE vetoed Yury Kulinich because it doubted his professional knowledge and skills due to one of his acquittals that had been canceled by superior courts. Kulinich argued that the prosecutors’ witnesses had been biased but said he agreed with superior courts’ cancellation of his ruling.
Anatoly Kvyatkovsky was vetoed because he has bought a Kia Sportage car at a below-market price, according to the PCIE. He argued that the price was low due to damaged equipment.
