Member of Parliament of Ukraine
Interfactional Parliamentary Association
“For the Protection of Violated Rights of Citizens and
Against Political Repression
“Forbidden to Forbid”
To: Head of the
Supreme Court of Justice
Copy (for notification): Head of the Kyiv District
Dear Mr. Benedysiuk,
Observing the active start of the judicial reform, the question arises for me and many human rights defenders regarding the issue who exactly will administer justice in judicial robes, who are trusted to decide on the fate of people and the state.
The issue of exercising powers by judges should be subject to constant and systematic control of the relevant competent authorities. The main one is the Supreme Council of Justice, which operates in Ukraine on a permanent basis to ensure the independence of the judicial power, its functioning on the basis of responsibility, accountability to the society, formation of a fair and highly professional body of judges, observance of the norms of the Constitution and laws of Ukraine, and also professional ethics in the judges’ activity.
According to the Law of Ukraine “On the Judiciary and Status of Judges”, the Supreme Council of Justice may decline a submission to the President of Ukraine on appointment of a judge to the post based on reasonable doubt regarding candidate’s eligibility for moral virtues or professional ethics, or other circumstances that may adversely affect the public trust to the judiciary in connection with such appointment.
Despite the broad powers envisaged in the legislation, the Supreme Council of Justice takes part in appointment of judges who directly passed decisions that contravene requirements of the highest legislative act of the state – the Constitution of Ukraine.
One of them is the judge Pashchenko K.S. who, as per submission of the Supreme Council of Justice, was appointed by the Decree of the President of Ukraine No. 294/2017 dated September 28, 2017 to the post of judge of the Kyiv District Administrative Court.
At the same time, the High Council of Justice did not take into account the facts of the negative judicial practice of Judge Pashchenko K.S., who has repeatedly made decisions that in their essence contradict the imperative requirements of the Constitution of Ukraine.
Therefore, in November 2011, Pashchenko K.S. adopted Resolution No. 2а-12055/11/2670, which banned political parties and public organizations to hold rallies, meetings and demonstrations on the Independence Day of Ukraine in the center of Kyiv.
He did not stop on the above decision and in October 2012 he passed another Resolution No. 2а-14844/12/2670, which prohibited holding peaceful gatherings near the NBU during two months (including picketing, walking, demonstrations, rallies, meetings) to depositors of credit unions “Thirteenth Salary,” “Kyiv Credit Association”, “Accord”, “All-Ukrainian People’s Credit Company” and “Profit-Center 2004”.
In general, upon exercising such judgments, Judge Pashchenko K.S. in fact, limited citizens’ rights to freedom of peaceful gatherings, which are undoubtedly guaranteed by the Art. 39 of the Constitution of Ukraine and the Art. 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms. These rights may be restricted only to the threat to national or public security for prevention disorders or crime.
In my opinion and opinion of many lawyers and human rights defenders, these decisions are not sufficiently well-reasoned, since there was no need for a ban on holding peaceful gatherings, as they did not pose a threat to national or public security. Such judges’ decisions provoked a long-standing confrontation between state authorities and citizens who wanted to voice their protest and defend their right guaranteed by the Basic Law – the Constitution of Ukraine.
In addition, such resolutions do not correspond to the task of administrative legal proceedings, undermine the trust of citizens in the entire judicial branch, lead to the loss of the courts’ authority in the society due to unmotivated and unwarranted restriction of the inalienable human right to voice their protest against decisions of state authorities, which in future reduces to zero all hopes for a positive judicial reform.
At the same time, the judge Pashchenko K.S. continued passing judgements that contradict the Constitution of Ukraine, but, on the contrary, intensified by an indefinite appointment as a judge of the Kyiv District Administrative Court, boldly impinging upon the other rights and obligations guaranteed by the Constitution of Ukraine.
Specifically, Paschenko K.S. has been examining claim (No. 826/12880/17) of People’s Deputies of Ukraine Derkach A.L., Dubil V.O., Odarchenko Yu.V. to the Prime Minister of Ukraine Groysman V.B. on recognition as illegal inaction of the Prime Minister of Ukraine Groysman V.B. regarding his non- submission to the Verkhovna Rada of Ukraine a claim for appointment the Minister of Health of Ukraine as a member of the Cabinet of Ministers of Ukraine and regarding the necessity of obligation of the Prime Minister of Ukraine Groysman V.B. to immediately introduce to the Verkhovna Rada of Ukraine a submission on the appointment of the Minister of Health of Ukraine as a member of the Cabinet of Ministers of Ukraine in order to comply with the imperative norms specified in clause 12 part 1 of Art. 85 of the Constitution of Ukraine.
Due to the refusal to satisfy the claims and the non-constitutional position of the judge Pashchenko K.S., the absence term of the duly appointed Minister of Health of Ukraine is prolonged, which, as a result, leads to deterioration of the health situation in Ukraine.
Thus, Judge Pashchenko K.S. in his ruling on the case No. 826/12880/17 dated November 29, 2017, practically neglected the guaranteed Constitution of Ukraine – every citizen to have the right to health care, medical care and medical insurance (Article 49).
Taking into account the above, in my opinion and opinion of the public, there are grounds for bringing the Judge Pashchenko K.S. to justice in accordance with the procedure stipulated by Art. 106 of the Law of Ukraine “On the Judiciary and Status of Judges”, in connection with the repeated judicial decisions violating human rights and fundamental freedoms, which leads to significant negative consequences.Taking into account the indicated, in accordance with the requirements of paragraph 5 of Art. 17 of the Law of Ukraine “On the Status of People’s Deputy of Ukraine”, I would ask you to resolve the issue of conducting a disciplinary review of the activity of Judge Pashchenko K.S. in terms of repeated violations of the requirements of the Constitution of Ukraine and significant restriction of the constitutional rights and fundamental freedoms of citizens.
Please inform me about the results of reviewing the application in the statutory terms.