The High Council of Justice canceled the disciplinary sanction against Kyiv judge Viktor Shulzhenko in the Protasov Yar construction case

The High Council of Justice canceled the decision of the Third Disciplinary Panel dated May 21, 2025, which held Kyiv District Administrative Court judge Viktor Shulzhenko disciplinarily liable. The cancellation was supported by 8 members of the High Council of Justice, opposed by 4.

Arguments of the complaint

Since May 2019, the local community has actively opposed the illegal construction of high-rise buildings in Protasov Yar park. The land plot where Daytona Group LLC planned construction was removed from the green zone and leased with numerous violations of legislation and against the interests of the community.

To protect green zones, preserve a cultural heritage monument, and the historical area of Kyiv, the city council adopted two key decisions on July 28, 2020. However, on November 26, 2020, Judge Viktor Shulzhenko issued a ruling granting Daytona Group LLC's motion for interim relief and suspended the effect of these Kyiv City Council decisions.

According to the complainants, such interim relief exceeded the limits established by the Code of Administrative Procedure of Ukraine, as the court effectively decided the matter without examining the case on the merits.

Circumstances established by the panel

Judge Viktor Shulzhenko was handling the case filed by Daytona Group LLC against the Kyiv City Council. By the ruling dated November 26, 2020 (upheld by the appellate court), the effect of two Kyiv City Council decisions was suspended until the final court decision in the case.

The Administrative Cassation Court of the Supreme Court, by its ruling dated June 4, 2021, satisfied the cassation appeal of the Kyiv City Council. It canceled the ruling of the Kyiv District Administrative Court dated November 26, 2020, and the decision of the Sixth Administrative Court of Appeal dated January 14, 2021, and denied Daytona Group LLC's motion for interim relief.

The Disciplinary Panel noted that Judge Viktor Shulzhenko, when deciding on the interim relief, did not provide proper justification as to why the developer's interests should prevail over the socially significant interests of the community, preservation of the green zone, and the historical-cultural heritage of Protasov Yar. The ruling was deemed insufficiently reasoned, which was especially critical in a case with significant public resonance.

Panel decision

The Third Disciplinary Panel of the High Council of Justice considered that the inadequate reasoning of the ruling indicated Judge Viktor Shulzhenko's negligent attitude towards fulfilling his professional duties. Judge Viktor Shulzhenko was held disciplinarily liable in the form of a reprimand with deprivation of the right to receive salary supplements for one month.

Decision of the High Council of Justice

The High Council of Justice disagreed with the conclusions of the disciplinary body. Members of the High Council of Justice fully canceled the decision of the Third Disciplinary Panel dated May 21, 2025, and closed the disciplinary proceedings against Judge Viktor Shulzhenko.

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