Judge from Dnipropetrovsk region ignored questions about the release of convicts for months after changes in the law – HRC established 20 violations

The Third Disciplinary Chamber of the High Council of Justice held Judge Olena Poroshyna of the Synelnykove City District Court of Dnipropetrovsk region disciplinarily liable.

The reason was the systematic violation of procedural deadlines for considering petitions from the State Institution "Synelnykove Correctional Colony No. 94" regarding the release of convicts due to the decriminalization of their acts.

Circumstances of the case

Prosecutors of the Synelnykove District Prosecutor’s Office participated in the consideration of 19 petitions from the correctional colony submitted in accordance with Articles 537, 539 of the Criminal Procedure Code of Ukraine. The petitions concerned criminal proceedings numbered 194/160/23, 227/2536/23, 185/10522/21, and others (a total of 19 cases).

The basis for the colony’s appeal was the entry into force of the Law of Ukraine No. 3886-IX dated July 18, 2024, which, among other things, increased liability for petty theft of another’s property and removed criminal liability for certain acts. The law came into force on August 9, 2024. According to the complainant, Judge Olena Poroshyna systematically violated the deadlines for considering such petitions, which led to prolonged unlawful detention of convicts.

The Disciplinary Chamber established 20 instances of the judge violating the deadline defined by part three of Article 539 of the Criminal Procedure Code of Ukraine.

Position of the Disciplinary Chamber

The Third Disciplinary Chamber of the HRC noted that even under the alarming situation in the region (martial law), the quick acceptance of petitions for proceedings (from 4 to 6 days) does not indicate compliance with the established deadlines. The judge was obliged not only to accept the petitions but also to consider them on the merits within the time frame prescribed by law.

The Chamber did not find the judge’s explanations regarding the need to request additional information or study verdicts justified. None of the rulings on setting court sessions contained such motives. Moreover, by the time of considering the petitions, a stable judicial practice of applying the provisions of Law No. 3886-IX had already formed, including the decision of the United Chamber of the Cassation Criminal Court of the Supreme Court, as well as numerous examples from the practice of courts in the Dnipropetrovsk region.

The prolonged consideration of petitions (from 3 to 7 months) was qualified by the Disciplinary Chamber as evidence of a low level of organization of justice administration. Such delays:

• violated the rights of convicts to a fair trial within a reasonable time (Article 28 of the Criminal Procedure Code of Ukraine);
• contradicted the principle of legal certainty and the objectives of criminal proceedings (Article 2 of the Criminal Procedure Code of Ukraine);
• led to unjustified burden on the state budget due to continued funding of the detention of persons for whom there were no legal grounds for further imprisonment.

Decision of the disciplinary body

As a result of the consideration, the Third Disciplinary Chamber of the High Council of Justice found Judge Olena Poroshyna guilty of committing a disciplinary offense and applied a penalty in the form of a reprimand with deprivation of the right to receive bonuses to the judge’s salary for one month.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook page and Instagram to stay informed about the most important events.