Trip to the Russian Federation and Relatives in Temporarily Occupied Territory: The High Council of Justice Postponed the Decision on Judge Kartasheva
At the meeting, the High Council of Justice reviewed materials regarding the submission to the President of Ukraine for the appointment of Tetyana Kartasheva as a judge of the Mykolaiv Court of Appeal. However, after discussion, the Council announced a break in considering this issue.
Professional Path of the Candidate
Tetyana Kartasheva holds two diplomas from the Yaroslav Mudryi National Law Academy: in 2004, she obtained a qualification as a lawyer, and in 2010, a master’s degree in law.
In 2012, by decree of the President of Ukraine, she was appointed judge of the Stanytsia-Luhanska District Court of Luhansk region for a term of five years.
In 2015, she was transferred to the position of judge of the Zavodskyi District Court of Mykolaiv city.
In 2018, she was appointed to the same position indefinitely.
Conclusion of the Public Integrity Council
The Public Integrity Council concluded that Tetyana Kartasheva does not meet the criteria of integrity and professional ethics. The main arguments were:
Visiting Temporarily Occupied Territories and the Territory of the Russian Federation
According to the "Myrotvorets" website, on September 8, 2015, Tetyana Kartasheva, together with her minor son, crossed the checkpoint "Gukovo" into the territory of Russia. The candidate explained that the trip took place during annual leave to visit her mother, brother, and grandmother’s grave in the occupied territory, as well as to ensure communication between the child and his father. The return also occurred through Russia due to unstable operation of the checkpoint. In her view, the trip was not political in nature and was motivated by family circumstances.
Potential Risk of Pressure
The Public Integrity Council pointed to the residence of the candidate’s relatives in the occupied territory, which, according to the council, creates a risk of influence from the occupying authorities.
Violation of Rules for Declaring Family Ties
Tetyana Kartasheva submitted declarations of family ties for periods exceeding the deadlines established by the Rules (for example, for 6–7 years instead of 5). The Qualification Assessment Commission recognized the violation as formal, not affecting the accuracy of the information, and accepted the judge’s explanation of a technical error in calculating the period.
Additionally, the judge’s dossier recorded violations of case review deadlines in various years: from 8 to 42 cases annually. At the same time, Tetyana Kartasheva’s overall workload exceeded the court’s average indicators.
Candidate’s Position and Conclusion of the High Qualification Commission of Judges
Tetyana Kartasheva emphasized that:
She combined the trip with family circumstances and visiting her grandmother’s grave.
She did not conceal information about her status as a judge.
After the start of the aggression, she immediately applied for transfer to the territory controlled by Ukraine and conscientiously performs her duties.
She considers references to possible pressure through relatives unfounded and discriminatory.
The High Qualification Commission of Judges of Ukraine, during the evaluation, recognized that visiting the territory of the aggressor state is permissible only in the presence of an urgent need that outweighs all risks. The Commission noted the short-term nature of the 2015 trip and the absence of evidence of violations of the rules for crossing the demarcation line.
As a result of the qualification assessment, Tetyana Kartasheva scored 720.2 points and confirmed her ability to administer justice in the appellate general court.
Decision of the High Council of Justice
The High Council of Justice decided to take a break in considering the appointment of Tetyana Kartasheva as a judge of the Mykolaiv Court of Appeal.
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