Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Appealing the dismissal of judges
The Constitution of Ukraine guarantees the independence and inviolability of judges. A judge may not, without the consent of the High Council of Justice, be detained or held in custody or under arrest until the court pronounces a guilty verdict, with the exception of the judge’s detention during or immediately after the commission of a serious or particularly serious crime.
Grounds for dismissing a judge
According to the legislation of Ukraine, a judge may be dismissed from office only on the following grounds:
- Inability to exercise authority due to health
- Violation of incompatibility requirements
- Committing a significant disciplinary offense
- Submission of an application for resignation or dismissal from the position at one’s own will
- Refusal to transfer to another court in case of liquidation or reorganization of the court
- Violation of the obligation to confirm the legality of the source of origin of the property
Procedure for dismissing a judge
- Initiation of the dismissal procedure
- Consideration of the issue by the Supreme Council of Justice
- Making a decision to submit a submission to the President of Ukraine
- Issuance of a presidential decree on the dismissal of a judge
Typical violations in the dismissal of judges
- Non-compliance with the dismissal procedure
- Lack of sufficient evidence to substantiate grounds for dismissal
- Politically motivated decisions
- Violation of the right to defense during disciplinary proceedings
The mechanism for appealing the dismissal of judges
Step 1: Analysis of the reasons for removing a judge from office
Carefully study the Release Order and all accompanying documents. Determine whether all procedural requirements have been met and whether there is sufficient cause for dismissal.
Step 2: Preparation of a complaint to the Supreme Court
Appealing the decision to dismiss a judge is carried out by filing a complaint with the Supreme Court. The complaint must contain:
- A detailed description of the circumstances of the case
- Arguments regarding the illegality of removal from office
- Reference to relevant legislation
- Evidence to support your position
Step 3: Trial
The Supreme Court considers the case as part of the Grand Chamber. The process may include:
- Study of case materials
- Hearing arguments of the parties
- Examining the evidence
- Making a decision
Step 4: Execution of the court decision
If the appeal is satisfied, the Supreme Court may make a decision on:
- Cancellation of the Dismissal Order
- Reinstatement
- Payment of compensation for forced absenteeism
Important aspects of the appeal
- Terms of appeal.An appeal to the Supreme Court shall be submitted within 30 days from the day of familiarization with the contested decision.
- Evidence base. Collect all possible evidence that confirms the illegality of such actions (documents, testimony of colleagues, evaluation results, etc.).
- Professional help.Considering the complexity of the process and the high stakes, it is recommended to seek help from experienced lawyers.
- Publicity.Consider bringing your case to the public if it can help restore justice..
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Legal support for judges in appeals against dismissal
According to the High Council of Justice, every year several dozen cases of challenging the dismissal of judges are considered. The success of such cases depends on specific circumstances, but practice shows that in the presence of strong evidence and professional legal support, the chances of reinstatement increase significantly.
JK “Prykhodko and Partners” has many years of experience in representing the interests of civil servants at various levels, including judges. We offer:
- Comprehensive analysis of the situation and prospects of the case
- Preparation of all necessary documents for appeal
- Representation of interests in the Supreme Court\
- Development of a media strategy to support the cause
If you have been wrongfully dismissed as a judge, do not delay. Contact us for advice, and we will help you protect your rights and restore justice. Fill out the form below to discuss your case.
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1 question
Were you given written notice of the reasons for the termination?
2 question
Has it been less than 30 days since you were informed of the dismissal decision?
3 question
Was the issue of your dismissal considered at a meeting of the Supreme Council of Justice?
In which regions of Ukraine do you work?
With its head office in Kyiv, the law firm “Prykhodko and Partners” successfully operates online throughout Ukraine.
What areas of law does your company work in?
The company “Prikhodko and Partners” unites more than 50 highly qualified specialists, which allows us to effectively solve almost any legal problems and provide comprehensive support in various areas of law.
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