According to the Constitution, judges, whose 5-year term has expired, may only be appointed if they have passed the qualification assessment procedure.
However, the HCJ violated these requirements and during November
of 2020 submitted a request to the President on the indefinite appointment of more than 50 judges who either had not completed the qualification assessment procedure or had not passed it at all.
Thus, the Public Integrity Council approved a negative opinion regarding all judges who had been recommended by the HCJ. According to article 88 of the Law "On the Judiciary and the Status of Judges", in the event of a negative opinion by the PIC, members of the High Qualification Commission of Judges must vote with at least 11 votes in favor, otherwise the judge is considered not to have passed the qualification assessment. However, the HQCJ did not vote on any of these judges.
For instance, on December 22, 2020, the HCJ filed a motion regarding the appointment of Taras Zayets, a judge of Svyatoshyn District Court of Kyiv. In March 2019, the PIC approved an opinion
that found that the judge did not meet the criteria of integrity and professional ethics. The reason for such an opinion was the judge's decision against a participant of the Revolution of Dignity and inconsistency of his lifestyle with his income. On March 20, 2019, the HQCJ, as member of the board, made the decision
that Zayets was in office , but indicated that this decision would take effect only if all members of the commission had voted. The HQCJ did not make a decision on Judge Zayets in the plenary panel.
The HCJ substantiated its recommendation to appoint Zayets and other judges by decisions of boards of the HQCJ, which did not enter into force in accordance with HQCJ regulations. . It is worth noting that in January 2019, the Public Council of International Experts, which had evaluated Taras Zayets in a competition for the High Anti-Corruption Court, also concluded that he was dishonest. . On January 18, 2019, Taras Zayets stopped participating in the competition, receiving "0" points according to the criterion of "integrity". However, members of the HCJ had no doubts about the integrity of Judge Zayets.
At the same time, the HCJ recommended the appointment of judges who had not undergone the assessment procedure at all. Thus, on December 3, 2020, the HCJ supported
the appointment of Viktor Kytsyuk
, who during the Revolution of Dignity deliberately ruled against the innocent in favor of the authorities in order to intimidate and suppress protests. He became a symbol of controlled perjury and arbitrariness. His appointment will be evidence not only of complete failure of the reform, but also the return of the system in 2013. In addition, on June 26, 2018, the HQCJ stopped
the evaluation of Kytsyuk , i.e. , he did not even complete testing and did not pass the interview.