How to use fraudulent means to nominate yourself for membership in the High Council of Justice and make the President look like a fool. A story about how to keep judges from your court, dismissed by the President a year ago, in their positions and then use them to get you elected to the High Council of Justice. Published on the author's blog on the website Ukrainian Trutha, translation: Argument.
On February 13 at 9:00 AM, a general meeting of judges of Kyiv's general courts was held at the Kyiv Court of Appeal (2a Solomyanska Street) to elect delegates to the Congress of Judges. The Congress of Judges is scheduled to convene in the spring to elect six additional members to the High Council of Justice, the body that determines the fate and career of every judge in our country.
The battle for these six seats is to the death.
The meeting was attended by "Maidan judges"—promoting "their own" to the seats of members of the VRP is their last hope of keeping their robes and remaining "dispensing justice" in their positions.
But first, a little history.
Last Friday, a meeting of judges was held at Kyiv's Holosiivskyi Court to elect representatives for this General Assembly. What unfolded shocked the judges themselves. Judges who had long been dismissed for violating their oaths attended and voted:
- Judge L.S. Kalinichenko, who ordered the detention of innocent Maidan activists and the deprivation of the driving licenses of AutoMaidan activists, was dismissed by a presidential decree on February 24, 2016, based on a decision of the High Council of Justice. That is, almost a year ago (!).
- Judge Frolov A.N. also made illegal decisions regarding the Automaidan protesters and was dismissed 5 months ago by the Presidential Decree of September 24, 2016.
It turns out that the President's decree for the head of the capital's Goloseevsky Court, E. Pervushina, is not a decree at all.
E.S. Pervushina did not issue an order for their dismissal, and these judges remained on staff after their dismissal, retained judicial status, and likely received a salary. The meeting demonstrated why this was necessary.
Apparently, E.S. Pervushina really wants to become a member of the High Council of Justice and even recently resigned from her position as the court's chairperson, which she had headed for ten years, for this purpose.
To become a member of the VRP, Pervushina must be a delegate to the judges' congress. But she has an internal opposition within the court. To ensure she would be elected as a delegate, E.S. Pervushina used the votes of the half-fired "Maidan judges"—Frolov and Kalinichenko.
On Friday, a third of the judges of the Goloseevsky Court strongly disagreed with Pervushina's actions, walked out of the meeting, and even issued a public protest. Incidentally, it's encouraging to see that not all judges are remaining silent and are ready to fight against this blatant abuse of power. This gives hope.
But this did not stop Pervushina: the meeting was held, the dismissed judges voted and elected her as a delegate to the General Meeting.
Incidentally, the chair of Friday's meeting was her deputy, T.N. Shevchenko, who is also a "Maidan judge." On February 22, 2017, the Supreme Court of Justice will hear her disciplinary case, and there's a possibility of her dismissal. This is likely why she turned a blind eye to the obvious violations and protests from other judges against the dismissed judges' presence at the meeting, as it's in Shevchenko's interests for Pervushina to become a member of the Supreme Court of Justice in March.
It is worth saying a few words about E.S. Pervushina herself.
She has been the chairperson of the Holosiivskyi Court for 10 years, moving there from the Pecherskyi Court and managing to find common ground with all authorities. During the Maidan, at least seven judges in the Holosiivskyi Court issued unlawful decisions against protesters. Investigators have evidence that these unlawful decisions were issued on the instructions of the Presidential Administration, communicated through the court chairpersons.
Everyone who knows E.S. Pervushina is convinced that these decisions were not made without her knowledge. Therefore, her involvement in the persecution of activists through court decisions is highly likely. This theory is supported by the fact that Pervushina is supported by the very judges who heard the Maidan cases, and she stands firmly behind them and even refuses to comply with the President's decree dismissing them.
But this wasn't the only thing that distinguished Pervushina. In November 2016, Automaidan activists recorded her using an undeclared car and also rented her house, which she hadn't listed in her previous declarations.
Just a week later, the home of the author of the video—our activist—was searched by the military prosecutor's office. We are convinced this was the result of close contacts between Pervushina and the military prosecutor's office, and the search was intended to intimidate the activists who dared to expose the luxurious lifestyle of the district court chairperson and her lies in her declaration.
Pervushina has every chance of becoming a member of the Supreme Council of the Russian Federation—the judge didn't vacate the seat she held through several regime changes for that purpose. What this means for judicial reform is beyond comment.
For reference, why are this meeting and the March congress of judges important events?
According to the judicial reform, the High Council of Justice (hereinafter referred to as the HCR) determines the fate of each judge—appointing, promoting, punishing, and dismissing them.
The composition of the Supreme Court will determine the entire judicial reform: will society's expectations for cleansing and renewal be met, or will we once again end up with a caste of untouchables who will serve the authorities and corrupt officials?
The reform does not envisage a renewal of the existing composition of the Supreme Court. The 15 current members of the Supreme Court will retain their positions until 2019. However, six new vacancies will be created (there should be 21 members in total), all under the judicial quota.
The current VRP has already discredited itself enough, confirming its reputation with its latest decision to authorize the arrest of judges. If six more members join them with similar positions, judicial reform will be a foregone conclusion.
These six members of the VRU will be elected from among judges at the Congress of Judges, which will take place on March 14-15, 2017. To become a candidate for membership in the VRU, one must either be a delegate to the Congress or be nominated by at least 20% of the delegates. Therefore, a serious competition for delegates to the Congress is currently underway. And the way it is unfolding clearly demonstrates that the revanchists have gone all-in and will fight by any means necessary to secure their members in the Verkhovna Rada.
The process of nominating delegates to the Congress and candidates for membership in the VRP is already underway across Ukraine. It is crucial to ensure public oversight of this process.
If the meeting is held openly and with maximum public and media attention, there is a chance that such odious individuals as Pervushina or the "Maidan judges" will not be elected as delegates and will not become members of the VRP.
Fair justice and honest judges are needed, first and foremost, by us—by society—and therefore worth fighting for. In any case, the fate of justice should not be in the hands of cheaters and judges dismissed for violating their oaths.
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