The High Council of Justice dismissed a judge from Zhytomyr Oblast due to failure to pass the qualification assessment
The High Council of Justice has decided to dismiss Denys Shcherbak, a judge of the Berdychiv City and District Court in Zhytomyr Oblast. The decision was based on a finding by the High Qualification Commission of Judges of Ukraine, which concluded that the judge is not fit for office based on the results of a professional evaluation.
This was reported by the Judicial and Legal Newspaper, citing the High Council of Justice.
The dismissal procedure took place in accordance with a submission by the HQCJ, which conducted an evaluation of local court judges for compliance with criteria of competence, professional ethics, and integrity. According to the transitional provisions of the Constitution of Ukraine, a finding of unsuitability for the position during such an examination is a direct ground for terminating a judge’s powers. Denys Shcherbak underwent the evaluation as a judge appointed to the position prior to the entry into force of amendments to the Constitution regarding the judiciary.
In general, the qualification assessment process in Ukraine is aimed at purging the judicial system of unethical and incompetent personnel. The High Council of Justice’s decision is based on a comprehensive analysis of the judge’s professional conduct and the results of his interview with commission members. The High Council of Justice emphasized that adherence to standards of professional ethics is critically important for restoring public trust in the justice system. The dismissal of Judge Shcherbak was another step in the judicial reform currently underway in Ukraine on the path to European integration. At present, the Berdychiv City and District Court continues to operate as usual, and the vacant position will be filled in accordance with the procedure established by law. The review of such submissions from the High Council of Justice is one of the High Council of Justice’s priority areas of activity for 2026. Ukraine’s judicial branch is striving to complete the vetting of all judges appointed under the old rules as quickly as possible. It is expected that such decisions will contribute to improving the quality of judicial decisions in the Zhytomyr region.
We remind you that the High Council of Justice is currently 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, considering a motion by BEB detectives to conduct a special pre-trial investigation regarding Alona V. Shevtsova.
The complaint against Marmash is that he issued his decision after the pre-trial investigation period had already expired, which made it impossible to grant the motion. The only lawful option in such a situation was to return the motion, but Judge Marmash V.Y. failed to comply with the requirements of the law.
We also recall that in September 2022, then-Prosecutor General Andriy Kostin appointed Dmytro Verbytskyi as his deputy, whose official mission was to combat economic crimes, tax evasion, and protect investments. Prior to this, Verbytsky had built his career in the Odesa and Mykolaiv prosecutor’s offices, where he developed ties with local businesses.
It soon became clear that Verbytsky had illegally acquired wealth. On May 13, 2024, NABU opened criminal case No. 52024000000000231 under the article on illegal enrichment (Article 368-5 of the Criminal Code of Ukraine) following high-profile exposés by Radio Liberty and the Schemes program. However, the case remains at the pre-trial investigation stage without any preventive measures having been announced.
