On December 13, MPs voted for the liquidation of the District Administrative Court of Kyiv (known as “OASK”) and at the same time for the establishment of the Kyiv City District Administrative Court.
Halyna Chyzhyk, AntAC’s lawyer, explains what it means.
What MPs voted for
- DACK stops functioning the next day after the publication of the law.
- The new Kyiv City District Administrative Court will be established.
What will happen to cases currently considered by the OASK?
Temporarily, pending the establishment of a new court, the cases which are currently considered by the OASK will be transferred to the administrative court of the Kyiv region – the Kyiv District Administrative Court.
When and where will the new court be established?
The establishment of a new court is impossible without the resumption of the work of the High Council of Justice and the formation of a new composition of the High Qualification Commission of Judges. These bodies are responsible for the selection and appointment of judges to a new court.
What will happen to OASK judges?
- Unfortunately, the liquidation of the court does not mean the automatic dismissal of judges. At the same time, they automatically lose the authority to consider cases and make decisions in the name of Ukraine. Precisely these powers are the basis of the influence of Vovka and the judges under his control.
- Future composition of the HQCJ will conduct qualification assessment of the judges, as a result of which they will recommend either to relocate the judges to other courts or to dismiss them. We hope that dismissal is the only prospect for the judges of the OASK.
Is it possible to liquidate the court during the enactment of the martial law?
Yes. Neither the Law of Ukraine “On the Legal Regime of Martial Law” nor the Law of Ukraine “On the Judiciary and the Status of Judges” are not contain provisions that would prohibit the liquidation of individual courts during martial law.
Articles 10 and 12-2 of the Law “On the Legal Regime of Martial Law” prohibit the termination of the powers of courts, that means, the termination of judicial proceedings as such or, for instance, the transfer of disputes to military-civilian administrations for resolution. In other words, the legislation clearly establishes that justice must be administered even during martial law, and its functions cannot be transferred to non-judicial bodies.
Will OASK judges continue to get the salaries?
Can the liquidation of OASK be cancelled
Yes, in theory. It can be done only by the Constitutional Court. That’s why the reform of the latter is so important.
What will happen to the court’s personnel?
Employees of the apparatus who are civil servants will be dismissed. Assistants of the judges are not civil servants, they are related to judges and will be dismissed only together with judges of the OASK