The High Council of Justice refused to dismiss judge Olga Krutova despite the HQCJ conclusion of non-compliance with the position
The High Council of Justice decided to refuse the dismissal of Olga Krutova from the position of judge of the Artsyz District Court of Odesa region based on subparagraph 4 of paragraph 16¹ of section XV "Transitional Provisions" of the Constitution of Ukraine in accordance with the submission with recommendation of the High Qualification Commission of Judges of Ukraine.
By the decree of the President of Ukraine dated November 7, 2013, Olga Krutova was appointed as a judge of the Artsyz District Court of Odesa region for a term of 5 years.
HQCJ Conclusion
On December 2, 2024, the High Qualification Commission of Judges of Ukraine in plenary session recognized Olga Krutova, judge of the Artsyz District Court of Odesa region, as not corresponding to the position held and submitted to the High Council of Justice a submission (recommendation) for the dismissal of the judge from office.
The Commission in plenary indicated the following violations by the judge: free use by the judge of property belonging to her former husband and his mother; failure to declare sources of origin of funds amounting to 250,000 USD; Olga Krutova’s allowance of systematic judicial delays that led to violation of reasonable time limits for case consideration, resulting in the closure of proceedings due to expiration of terms; the judge being held administratively liable seven times in 2023, including under part one of article 122 of the Code of Administrative Offenses, article 122-4, part two of article 122, article 124, and part one of article 126 of the Code of Administrative Offenses.
The Commission noted that such violations are significant and collectively indicate the judge’s non-compliance with the position held according to the criteria of professional ethics and integrity.
The Commission also emphasized that the procedure of qualification assessment for a judge’s compliance with the position held is a special procedure established by the Constitution of Ukraine, aimed at strengthening the accountability of the judiciary to society and restoring trust in the court.
During the plenary session of the Commission, judge Krutova did not provide clear and convincing explanations and evidence that could refute doubts about her compliance with the criteria of professional ethics and integrity. As a result, only 4 members of the Commission voted for the judge’s compliance with the position held, while 11 members voted against, which according to the law led to her recognition as not corresponding to the position held.
Meeting of the High Council of Justice
During the meeting of the High Council of Justice, the floor was given to judge Olga Krutova. The judge presented her position, which is detailed in written explanations. She disagreed with the conclusions of the HQCJ and emphasized that she provided documents proving the legitimacy of the origin of funds amounting to 250,000 USD received from her former husband. The judge explained that the use of property after the divorce in 2011 was based on a voluntary agreement, and she openly declared all facts.
Regarding administrative penalties in 2023, Olga Krutova explained the circumstances of one episode (leaving the scene of an accident), stating that she left a note, returned upon police request, and compensated for the damage.
After hearing the judge’s explanations and reviewing the materials provided by the High Qualification Commission of Judges of Ukraine, the High Council of Justice decided to refuse the dismissal of Olga Krutova from the position of judge.
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