The HQCJ Refused to Dismiss Serhiy Stupak — the HCSJ Returned Him for Continuation of Qualification Assessment

The High Council of Justice (HCJ) considered a submission from the High Qualification Commission of Judges (HQCJ) concerning the dismissal of Serhiy Stupak from his judicial position. The dismissal was sought under subparagraph 4 of paragraph 161 of Section XV "Transitional Provisions" of the Constitution of Ukraine.

Case Circumstances

Serhiy Stupak was appointed as a judge by Decree of the President of Ukraine No. 425/2016 on 29 September 2016, for a five-year term. This term expired on 15 December 2021.

Conclusions of the Public Integrity Council

The Public Integrity Council (PIC) conducted a detailed analysis of Judge Stupak's activities between 2016 and 2021, identifying several problematic areas.

Domestic Violence Cases: The judge handled approximately 237 cases under Article 173-2 of the Code of Ukraine on Administrative Offences (domestic violence). In 106 cases (44.73%), materials were returned to authorities for reprocessing. In 86 cases (36.29%), proceedings were closed due to the expiration of the administrative penalty period. Overall, around 80% of cases in this category did not result in offenders being held accountable. Only 20 cases (8.44%) led to convictions.

The PIC concluded that these statistics raise reasonable doubts about the judge's proper fulfilment of his duty to ensure effective judicial protection for victims of domestic violence and his conscientious attitude towards professional responsibilities.

Cases under Article 130 of the Code of Ukraine on Administrative Offences: A significant number of cases concerning driving under the influence were closed due to a lack of elements constituting an administrative offence (54 cases, representing 15.98% of all cases in this category). The PIC emphasised that the circumstances surrounding these closures require thorough analysis, as they raise doubts about the judge's honesty and conscientiousness and negatively affect the court's authority.

Property Issue

According to declarations for 2017–2022, Judge Stupak had been using apartments in Kryvyi Rih free of charge since 1 January 2018. The PIC established that no written lease agreements were concluded; the terms were verbal. The PIC believes that such free use of housing from individuals who are not close relatives may constitute a gift, which contradicts the requirements of Articles 23 and 24 of the Law of Ukraine "On Prevention of Corruption". The judge, according to the PIC, systematically received benefits in the form of saving his own funds.

Position of the High Qualification Commission of Judges

The HQCJ supported the key observations made by the PIC. The Commission stated that the judge, without clear legal grounds, returned a significant number of administrative offence protocols for revision. Furthermore, the combination of facts regarding the mass closure of cases under Article 130 indicated that the judge's actions did not meet high public expectations of conscientiousness.

Regarding the free use of apartments, the HQCJ noted that the judge failed to provide exhaustive explanations or supporting documents. While the Commission acknowledged that this fact alone was insufficient to conclude non-compliance with the position, when combined with other circumstances, it raised justified doubts about the judge's integrity.

The Commission emphasised that such behaviour undermines public trust in the judiciary and harms its authority.

Decision of the High Council of Justice

The HCJ decided to refuse the submission from the High Qualification Commission of Judges of Ukraine, dated 30 March 2026, for the dismissal of Serhiy Stupak from his position as a judge of the Metallurgical District Court of Kryvyi Rih, Dnipropetrovsk region, under subparagraph 4 of paragraph 161 of Section XV "Transitional Provisions" of the Constitution of Ukraine. It was determined that the HQCJ, in plenary session, must continue the assessment of Judge Serhiy Stupak in the respective position from the second stage of the dossier study and interview phase.

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