Odessa Court of Appeal to Receive Four New Judges: Whom the High Council of Justice Supported

The High Council of Justice considered the issue of submitting proposals to the President of Ukraine regarding the appointment of judges to the Odessa Court of Appeal. As a result of the discussion, the High Council of Justice supported the candidacies of: — Illia But, — Ivan Yakovenko, — Maryna Shanshina, — Artem Shcherbina. After discussing the candidacies of Petro Kravchenko, Ihor Pavelchenko, Yurii Bodnaruk, and Oleksandr Maslenikov, the members of the High Council of Justice decided to announce a break to clarify all circumstances of the cases and send additional inquiries to the relevant authorities without setting dates for the next meetings. Details of the consideration of Illia But’s candidacy Professional and academic background of the candidate Illia But graduated in 2012 from the National University "Odessa Law Academy" with a master’s degree in law. In 2016, he successfully defended his dissertation and obtained the scientific degree of Candidate of Legal Sciences specializing in "Civil Law and Civil Procedure; Family Law; Private International Law." In 2022, he was awarded the academic title of Associate Professor of the Department of Civil Procedure. Conclusion of the Public Integrity Council The Public Integrity Council gave a negative conclusion regarding Illia But’s candidacy. The main reasons were suspicions of submitting false information in declarations: — failure to report part of the income from advocacy activities in the 2024 declaration, although receipt is confirmed by court decisions; — doubts about performing duties as director of a company without remuneration; — discrepancies between declared savings and official income considering expenses for living, rent, and trips. According to the Public Integrity Council, these circumstances may indicate possible concealment of real income and cast doubt on the candidate’s integrity. Decision of the High Qualification Commission of Judges (HQCJ) After detailed examination of the Public Integrity Council’s conclusion, the candidate’s written and oral explanations during the interview, the HQCJ reached the opposite conclusion. The Commission noted that the Public Integrity Council’s conclusion does not contain sufficient facts confirming violations by Illia But of professional ethics and integrity criteria. The HQCJ agreed with the conclusions regarding the candidate’s compliance with established requirements. As a result of the qualification assessment, Illia But scored 732.1 points, which is more than 75% of the maximum possible score. Details of the consideration of Ivan Yakovenko’s candidacy Professional background of the candidate Ivan Yakovenko holds two higher legal educations. In 2006, he graduated from the Odessa Institute of Entrepreneurship and Law with a specialty in "Law" (specialist diploma). In 2008, he completed studies at the Odessa National Law Academy and obtained a master’s degree in law. In 2012, by decree of the President of Ukraine, Ivan Yakovenko was appointed judge of the Izmail City District Court of Odessa region for five years. In 2019, by decree, he was appointed to the same position indefinitely. The candidate has no academic title or degree. Conclusion of the Public Integrity Council The Public Integrity Council did not issue a negative conclusion but drew the qualification commission’s attention to certain property transactions of the judge’s family. According to the 2024 declaration, the candidate’s wife declared income of 1,200,000 hryvnias from the alienation of movable property (a car). According to the vehicle registry, a 2020 MAZDA CX-9 was sold and then resold to another person at a significantly higher price—almost three times more expensive. The candidate provided detailed explanations. According to him, his wife purchased the car at an auction in the USA in a damaged state after an accident. The actual auction price was 7,850 USD, with fees totaling 8,793 USD. Delivery cost was 1,000 USD. The total invoice amount was 9,793 USD. Due to customs clearance specifics in 2024, customs applied a fixed delivery rate (1,600 USD instead of 1,000), resulting in a customs value of 10,393 USD (404,365.65 UAH). This amount was declared. Yakovenko emphasized that the declaration shows the actual customs value without repair, registration, and customs clearance costs. Decision of the HQCJ As a result of the qualification assessment, Ivan Yakovenko scored 739.11 points. This result is the basis for the HQCJ’s conclusion that the candidate confirmed the ability to administer justice in the appellate general court. Details of the consideration of Maryna Shanshina’s candidacy Professional background Maryna Shanshina graduated in 2008 from the National Law Academy of Ukraine named after Yaroslav Mudryi with a specialty in "Law" and obtained a qualification as a lawyer. The candidate has no academic degree or title and has not engaged in teaching activities. She began her career the same year at the State Institution "Chornomorska Correctional Colony" (No. 74) as head of the social-educational and psychological work department with convicts. Later, she worked at the Kharkiv Administrative Court of Appeal in positions including court session secretary, leading specialist, chief specialist in the personnel department, document support and citizen appeals department, and court leadership support department. In September 2016, by decree of the President of Ukraine, Maryna Shanshina was appointed judge of Krasnolymansky City Court of Donetsk region (now Lyman City Court) for five years. In October 2024, by decree No. 723/2024, she was appointed to this position indefinitely. Since July 2022, by decision of the Chairman of the Supreme Court, the judge was seconded to the Biliaivka District Court of Odessa region to administer justice. In July 2022, the judges' assembly of this court elected her as judge-speaker. Conclusions of the Public Integrity Council During evaluation, the Public Integrity Council noted inconsistencies in the candidate’s property declarations. Specifically, on February 4, 2022, Maryna Shanshina submitted a notice of significant changes in property status, indicating income from the alienation of real estate in the amount of 443,250 UAH from an individual. However, in the annual declaration for 2022, she reflected a significantly larger amount from the same source and transaction—797,500 UAH. The Public Integrity Council emphasized that such discrepancy in declaring the same income within one calendar year objectively raises doubts about the completeness, accuracy, and transparency of the submitted information. Candidate’s explanation Maryna Shanshina explained that on December 24, 2021, she signed a preliminary agreement and received an advance of 354,250 UAH, which she reported on December 28, 2021. On January 28, 2022, under the main purchase-sale agreement, she received the remaining 443,250 UAH. The total amount of 797,500 UAH was reflected in the 2022 declaration as income from the apartment sale. The candidate admitted that she mistakenly did not indicate the advance in the "Income" section of the 2021 declaration, although all cash flows were reflected in notices of significant changes in property status. In her opinion, the total amount that became property in 2022 should have been reflected in the annual declaration. Conclusions of the HQCJ As a result of the qualification assessment procedure, Maryna Shanshina scored 709.59 points, which is the basis for recognizing her as having confirmed the ability to administer justice in the appellate general court. Details of the consideration of Artem Shcherbina’s candidacy Education and professional background In 2003, Artem Shcherbina graduated from the Mariupol Humanitarian Institute of Donetsk National University with a full higher education in "Law" and qualification as a lawyer. In 2022, at the Donetsk State University of Internal Affairs, he defended his dissertation and obtained a PhD in Philosophy specializing in Law. He began his career in 2003 as a legal advisor at LLC "SERVICE 050," worked as a state executor, legal advisor at a university and a bank. Later, he held positions as head of the legal department, deputy director, and legal advisor in commercial structures. In October 2013, by decree of the President of Ukraine No. 570/2013, he was appointed judge of the Ordzhonikidzevsky District Court of Mariupol for five years. In January 2020, by decree, he was appointed to this position indefinitely. Since August 2022, by decision of the Chairman of the Supreme Court, he was seconded to the Kyiv District Court of Odessa to administer justice. Conclusion of the Public Integrity Council The Public Integrity Council questioned the candidate’s compliance with integrity and professional ethics criteria, particularly regarding "diligence." 1. Case consideration terms From appointment until March 2021, Artem Shcherbina considered 202 cases of administrative offenses (Article 130 of the Code of Ukraine on Administrative Offenses). In 35 of them (17.3%), proceedings were closed due to expiration of penalty imposition terms. The candidate provided detailed written explanations for each case, which the Commission found sufficient and justified. 2. Dissertation research The Public Integrity Council found elements of self-plagiarism in the dissertation. Artem Shcherbina explained that all used fragments are his own previously published scientific articles, which complies with legislation requirements for dissertation publication. The Commission, referring to the Law of Ukraine "On Academic Integrity" and Ministry of Education clarifications, concluded that the candidate’s actions do not contain signs of self-plagiarism. 3. Declaration of property and income The Public Integrity Council noted several inconsistencies in property declarations for 2012–2017 and 2022–2024, including regarding Volkswagen Golf and Hyundai Getz cars, income from their alienation, and declaration of free use of a summer house (noted as income of 1 UAH). The candidate provided explanations regarding acquisition, sale, joint ownership of spouses, and technical unsuitability of the car after a fire. Regarding house use, he admitted an error in income classification. Decision of the HQCJ As a result of comprehensive evaluation, scoring 740 points, the High Qualification Commission of Judges of Ukraine recognized Artem Shcherbina as having confirmed the ability to administer justice in the appellate general court. Decision of the High Council of Justice The High Council of Justice supported four candidacies and decided to send the respective proposals to the President of Ukraine. Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook and Instagram pages to stay informed about the most important events.