Judge considered the motion despite the challenge: The High Council of Justice decided to close the disciplinary proceedings

The High Council of Justice decided to annul the decision of the Third Disciplinary Chamber of the High Council of Justice dated May 6, 2026, regarding the disciplinary liability of judge Oleg Vasilyev.

Essence of the disciplinary complaint

The complainant pointed to a number of episodes during the consideration of case No. 904/4870/24. In particular, at preparatory hearings on December 19, 2024, and January 14, 2025, the judge, according to the complainant, demonstrated disregard for procedural legislation. In response to motions from the parties, he notably stated that he "is not a formalist" and that the code contains contradictions, so the parties should be allowed to submit all evidence without formal restrictions.

Separately, the complainant drew attention to the delay in considering the application to correct typos in the ruling dated January 20, 2025 (more than 72 days at the time of filing the complaint) and to the improper evaluation of the defendant’s arguments in the reasoning part of the decision dated February 20, 2025, particularly regarding the reduction of the fine.

The key episode was the situation with the challenge motion. On January 14, 2025, the defendant’s representative orally declared a challenge to the judge due to doubts about his impartiality. The judge insisted on a written form and announced a recess. However, on the same day, despite the declared challenge, he considered and rejected the defendant’s motion for collegial consideration of the case (ruling dated January 14, 2025). The ruling was created and signed on January 15, 2025.

The complainant emphasized that the judge had no right to decide any procedural issues before considering the challenge motion, referring to the practice of the Supreme Court.

Conclusions of the Disciplinary Chamber

The Third Disciplinary Chamber of the High Council of Justice opened disciplinary proceedings only regarding the circumstances of the challenge consideration. It established that the judge did not clarify the content of the oral challenge motion, effectively limited the defendant’s representative in voicing it, and immediately demanded a written form. At the same time, after the court session, he issued a ruling on another procedural issue — the refusal of collegial consideration.

The Chamber emphasized: even if the challenge is later recognized as unfounded, violation of the procedure for its consideration itself undermines trust in the court. The institution of challenge aims at proper resolution of the dispute about the judge’s bias, not only his factual removal. Violation of the consideration procedure, including deciding other issues before the challenge, can additionally reinforce the participants and external observers' belief in the judge’s lack of objectivity.

Considering all circumstances — limiting the possibility to orally declare a challenge and deciding the motion for collegial consideration before the challenge was reviewed — the judge’s actions constitute a disciplinary offense under subparagraph "d" of paragraph 1 of part one of Article 106 of the Law of Ukraine "On the Judiciary and the Status of Judges" (violation of rules regarding challenge).

The Third Disciplinary Chamber of the High Council of Justice decided to bring to disciplinary responsibility judge Oleg Vasilyev of the Commercial Court of Dnipropetrovsk Region and apply a disciplinary sanction in the form of a warning.

Decision of the High Council of Justice

The High Council of Justice, having heard the disciplinary inspector, judge Oleg Vasilyev, and lawyer Viktoriya Malynovska (representative of the complainant), concluded that the judge’s actions did not affect the outcome of the court case and decided to annul the decision of the Third Disciplinary Chamber of the High Council of Justice dated May 6, 2026, on bringing the judge to responsibility and to close the disciplinary proceedings.

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