Activist who checks judges' "integrity" called the Supreme Court "finished" and caused a stir

Mykhailo Zhernakov, head of the public organization DEJURE Foundation, called the Supreme Court "finished" after the decision of the Grand Chamber, which partially satisfied the appeal of Judge Inna Otrosh and canceled the illegal decision of the HCJ and HJC regarding her re-evaluation and dismissal, UNN reports.

It should be noted that the DEJURE Foundation and the head of the High Council of Justice (HCJ) Roman Maselko are closely related. Maselko is a former board member of the NGO "Avtomaydan" and, in fact, of DEJURE itself. Maselko was also a member of the Public Integrity Council, which "filters" judges and which is controlled directly by DEJURE and Zhernakov.  

Zhernakov's statement, where he called the Supreme Court - the highest judicial body in Ukraine - "finished," caused a stir in the professional community.

Former prosecutor of the Specialized Anti-Corruption Prosecutor's Office Stanislav Bronytskyi stated that such rhetoric violates the basic principle of respect for the court, enshrined in European acts on the independence of the judiciary.

According to Bronytskyi, freedom of speech does not cover offensive and demeaning statements about the court, which the European Court of Human Rights has repeatedly emphasized. In particular, in the case of Tešić v. Serbia, the ECHR stressed that criticism of the judicial system must be based on arguments, not emotional insults.

The Council of Europe has also repeatedly drawn attention to the line between harsh criticism of judicial decisions and pressure on the judiciary. In Ukraine, the spread of manifestations of disrespect for the court, according to the decision of the Council of Judges of October 26, 2018, No. 62, is regarded as a threat to the state's fulfillment of its obligations regarding the right to a fair trial.

Experts point out that the particular resonance of the situation lies in the role of Zhernakov himself, who participates in the processes of evaluating judges according to the criterion of "integrity." At the same time, the trail of scandals surrounding Zhernakov himself raises doubts about the integrity of the activist, who is allowed to form the country's judicial corps.

It should be recalled that Zhernakov's statements were preceded by the decision of the Grand Chamber of the Supreme Court, which recognized the decision of the HCJ and HQCJ as illegal, thereby partially satisfying the claim of Judge Inna Otrosh.

"Yesterday, the Grand Chamber of the Supreme Court recognized as unlawful and canceled the decision of the HQCJ on my unsuitability for the position and the decision of the HCJ on my dismissal from the position! This struggle, in fact, lasted from October 2023... when the current composition of the HQCJ decided to conduct illegal repeated evaluations of judges, and the HCJ, subsequently, to nullify its own act of individual action on submitting a proposal for my appointment to the position from 2021.

Despite the fierce pressure from grant activists, the judges of the Grand Chamber of the Supreme Court showed determination and confirmed their independence from these activists, who, with the money of foreign partners, permanently interfere in the administration of justice by the judges of the Supreme Court," Otrosh herself commented on the Supreme Court's decision.