Exclusion from Judicial Competition: A Landmark Case for Fairness and Integrity

In a case that raised pivotal questions about the integrity of judicial selection processes, a candidate was excluded from a judicial competition by the High Qualification Commission of Judges of Ukraine. Despite passing all prior checks and completing the necessary training, the candidate was disqualified during the qualification exam for opening a Constitutional Court decision in their browser—a decision the Commission deemed unethical, though no clear rules prohibited this action.

This disqualification not only jeopardized the candidate’s reputation but also prevented further judicial appointments and raised concerns within the prosecution office where the candidate currently works. The defense, led by Tetiana Ohneviuk, argued that the Commission’s decision imposed unattainable and unclear standards, thereby undermining the principles of fairness, transparency, and due process.

This case is significant for reinforcing the importance of procedural clarity and equitable treatment in judicial selection. It sets a precedent for protecting candidates from arbitrary disqualifications that could unfairly tarnish their careers and erode trust in the selection process.

Details of the case can be accessed in the Unified State Register of Court Decisions under Case №990/190/23.