Photo: Press Service of the Constitutional Court
KSU judges failed to punish for conflict of interest
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Bringing judges of the Constitutional Court to justice for actions in the context of a real conflict of interest is impossible, judge Alla Slobodyanyuk decided.
The Goloseevsky District Court of Kiev considered the administrative protocols of the National Agency for the Prevention of Corruption (NAPK) against the judges of the Constitutional Court Irina Zavgorodnyaya and Igor Slidenko and acquitted them. About it informs press service of NAPK on Tuesday, April 13.
“In the opinion of Judge Alla Slobodyanyuk, bringing judges to justice for actions in the context of a real conflict of interest is impossible due to the fact that they themselves, as well as the representative of the President of Ukraine in the Constitutional Court, submitted applications for consideration of the Grand Chamber of the Constitutional Court of Ukraine,” – the message says.
At the same time, the NAPC pointed out that part 1 of article 60 of the Law on the CCU explicitly prohibits judges from participating in decisions on which they have a conflict of interest.
That is, even the presence of such a statement cannot be the basis for participation in the decision-making. In addition, these judges did not recuse themselves at all after they became aware of the conflict of interest, as the law directly requires of them, ”the press service noted.
In the decision, the judge also noted that she did not see it possible to bring the judges of the KSU to administrative responsibility, since the KSU is a collegial body, all decisions of which are made by a majority vote.
The judge emphasized that “there is no direct and immediate causal relationship between voting and decision-making,” the NAPK added.
That is, in the opinion of the court, it is generally impossible to bring the judges of the Constitutional Court to administrative responsibility in the event of voting for the decision of the Constitutional Court in conditions of a conflict of interest, the anti-corruption officials drew attention.
Let us remind you that at the beginning of February NAPK drew up protocols for judges of the Constitutional Court for a conflict of interest. Then, in addition to Zavgorodnyaya and Slidenko, there was also talk about the judge Vladimir Moisik. No decision has yet been made on it.
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