Victim caused a car accident with Judge Roman Chorniy's vehicle in Zhytomyr, then filed a challenge against him
In the proceedings of Judge Roman Chorniy at the preparatory court hearing stage, there was a criminal case accusing a person of committing criminal offenses under Part One of Article 361, Part Three of Article 190, Part One of Article 200, Part Five of Article 361, Part Five of Article 190, Part Two of Article 200 of the Criminal Code of Ukraine.
On February 12, the court issued a ruling partially granting the defense attorney's motion to disqualify the prosecutor who supported the public prosecution from participating in the consideration of the mentioned criminal case.
At the court hearing on April 21, during the verification of the prosecutor's authority, it was revealed that the Bohunskyi District Court of Zhytomyr's ruling of February 12 regarding the disqualification of the previous prosecutor was not executed, as the latter was left as the senior prosecutor of the group. The court hearing was postponed to April 28, and a letter was sent to the prosecution authorities to take measures to enforce the ruling.
On April 24, around 12 o'clock, the victim in this criminal case, being dissatisfied with the above decision and court actions, deliberately caused a traffic accident by driving a cheap car into the judge's vehicle parked near the Bohunskyi District Court of Zhytomyr.
At the court hearing on April 28, the same victim filed a challenge against Judge Chorniy, citing the emergence of civil-law relations and extrajudicial connections related to the need to resolve issues regarding the traffic accident and compensation for damages.
As stated in the report, the circumstances of the event — absence of real damages and the judge's actual non-involvement as the vehicle owner in the incident — indicate an artificial creation of grounds for disqualifying the presiding judge. Such actions may indicate signs of interference in the judge's activities regarding the administration of justice.
In compliance with the requirements of Part Four of Article 48 of the Law of Ukraine "On the Judiciary and the Status of Judges," Judge Roman Chorniy submitted a report of interference in judicial activities to the High Council of Justice and the Prosecutor General, requesting appropriate response measures.
Decision of the High Council of Justice
The High Council of Justice emphasized that it does not have the authority to carry out criminal-legal qualification of such actions — this is the competence of law enforcement agencies. At the same time, the HCJ has sufficient grounds to take measures to ensure the independence of judges and the authority of justice.
Following the review, the High Council of Justice decided to appeal to the Office of the Prosecutor General for information on the disclosure and investigation of criminal offenses in the consolidated criminal proceeding entered into the Unified Register of Pre-Trial Investigations under Part One of Article 376 and Part One of Article 378 of the Criminal Code of Ukraine.
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