The Verkhovna Rada has considered nominations for the appellate courts; a complaint against Marmash is pending review
On April 14, the High Council of Justice considered the issue of submitting proposals to the President of Ukraine regarding the appointment of judges to appellate courts. The complaint against Marmash has not yet been considered.
This issue was the first item on the meeting’s agenda.
Following the review, the High Council of Justice decided to submit nominations for two candidates who had passed the necessary background checks and met the legal requirements.
Specifically, this concerns Stanislav Kyrychko, who was recommended for the position of judge of the Chernihiv Court of Appeals. He has over 15 years of experience as a judge. The decision was supported by 14 members of the High Council of Justice; one voted against it.
The candidacy of Olena Prachuk for the position of judge of the Chernihiv Court of Appeal was also supported. During the discussion of her candidacy, council members raised questions regarding certain decisions in her judicial practice, particularly cases involving the termination of parental rights and procedural actions during the consideration of cases regarding a child’s place of residence. The decision was also supported by a majority vote—14 in favor, 1 against.
At the same time, the High Council of Justice announced a recess in the consideration of materials regarding other candidates—Olena Karaputa and Andriy Kuksyuk, who are also vying for positions as judges of the Chernihiv Court of Appeal.
The High Council of Justice is also considering a disciplinary complaint filed on behalf of Alona Volodymyrivna Shevtsova against Judge Volodymyr Yaroslavovych Marmash of the Lychakiv District Court of Lviv, who committed gross violations bordering on disciplinary and criminal liability, in particular, the consideration of a motion by BEB detectives to conduct a special pre-trial investigation regarding A.V. Shevtsova.
According to the response from Lilia Yakimyak, Deputy Head of the Secretariat of the High Council of Justice, to a corresponding journalistic inquiry, no specific timeline has been provided for the completion of the review of the disciplinary complaint against Judge Volodymyr Yaroslavovych Marmash of the Lychakiv District Court of Lviv. Such a prolonged delay in reviewing the complaint may be a demonstration of collusion and a reluctance to hold accountable a “convenient” judge who willingly carries out tasks assigned by unscrupulous law enforcement officials.
The complaint against Marmash is that he issued his decision after the pre-trial investigation period had expired, which made it impossible to grant the relevant motion. The only lawful option in such a situation was to return the motion; however, Judge V.Y. Marmash failed to comply with the requirements of the law.
