A judge from Lviv was dismissed for violation of the rules of jurisdiction

The High Council of Justice temporarily suspended the judge of the Frankivsk District Court of the city of Lviv, Mariya Martynishin, and sent her to study at the National School of Judges of Ukraine.

The publication “Law and Business” reported about it with reference to the press service of the High Council of Justice.

Thus, the High Council of Justice made a temporary decision, for a period of six months, to dismiss the judge of the Frankivsk District Court of the city of Lviv, from the administration of justice with the deprivation of the right to receive additional payments the official salary of the judge and compulsory referral of the judge to the National School of Judges of Ukraine to take advanced training courses in application of the norms of the Civil Procedural Code of Ukraine and subsequent qualification assessment to confirm the judge’s ability to administer justice in accordance with court.

The grounds for bringing Judge Mariya Martynishin to disciplinary liability are the circumstances established by the First Disciplinary Chamber that attesting to the actions performed by her (at the time of the consideration of the case on the claim for the division of marital property) that should be qualified as disciplinary offenses provided for in subparagraph “a” of paragraph 1 and paragraph 4 of the first part of Article 92 of the Law of Ukraine of July 7, 2010 No. 2453-VI “On the Judicial System and the Status of Judges”, namely, due to negligence, a substantial violation of procedural law during the administration of justice.

The unlawful actions of Judge Mariya Martinishin lies in the fact that she accepted a lawsuit in the division of the marital property, which was not subject to consideration by this court (which means it is a violation of the rules of jurisdiction) and did not comply with the requirements of the civil procedural law on the content of the statement of claim regarding the price of the claim, she assigned the case for consideration without taking into account the need to comply with the requirements of Article 74 of the Civil Procedural Code of Ukraine, she made a decision in this case to recognize the person’s right of ownership of property belonging to another person, who was not attracted to participate in the case.

The judge could not appeal the decision of the Disciplinary Chamber of the High Council of Justice. The High Council of Justice left the decision unchanged and decided to d dismiss the judge from office for six months.

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