The High Council of Justice Ignored the Recommendation of the High Qualification Commission of Judges Regarding the Dismissal of Judge Oleksiy Halahan
The High Council of Justice left without consideration the recommendation of the High Qualification Commission of Judges of Ukraine on the dismissal of Oleksiy Halahan from the position of judge of the Fortetsky District Court of Kropyvnytskyi based on subparagraph 4 of paragraph 16¹ of section XV "Transitional Provisions" of the Constitution of Ukraine.
Earlier, the High Qualification Commission of Judges of Ukraine concluded that Oleksiy Halahan did not meet the requirements of the position. However, the judge successfully appealed the actions of the judicial self-government bodies.
The Supreme Court, in the composition of the Cassation Administrative Court panel, by the decision dated December 10, 2025 (left unchanged by the ruling of the Grand Chamber dated April 9, 2026), satisfied Oleksiy Halahan's lawsuit against the High Council of Justice. The court canceled the previous decisions of the High Council of Justice and obliged it to consider the judge's resignation application on a priority basis.
The Supreme Court emphasized that the resignation application (dated September 16, 2024) should have been considered before the submission of the High Qualification Commission of Judges (dated October 24, 2024), which corresponds to the principles of judicial independence and the authority of the judiciary.
Recall that on May 28, 2026, the High Council of Justice already dismissed Oleksiy Halahan from the position of judge upon retirement in compliance with the Supreme Court's decision.
Today's decision of the High Council of Justice effectively closes the issue of forced dismissal of the judge under the transitional provisions of the Constitution.
"Judicial-Legal Newspaper" will continue to monitor personnel decisions in the judicial system.
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