A Three-Year Struggle for Justice: Securing Judicial Appointment Rights

In a case that underscored the balance between executive discretion and judicial independence, a judge of the Kherson City Court faced a protracted three-year delay in her lifetime judicial appointment. Despite receiving a recommendation from the High Qualification Commission of Judges, the President of Ukraine withheld issuing the decree, citing concerns regarding the judge's residence in Crimea during its occupation.

This case not only illustrated the profound personal and professional toll such delays impose but also raised critical questions about the constitutional limits of presidential authority in judicial appointments. Through meticulous legal strategy and unwavering advocacy, Tetiana Ohneviuk successfully represented the judge, highlighting the legal and procedural safeguards that govern the appointment process.

The decision of the Supreme Court of 23.12.2024 declared the inaction of the President of Ukraine regarding the non-appointment of a judge unlawful and ordered to consider the submission of the High Council of Justice

The resolution of this case reinforces the principle that judicial independence must be protected from arbitrary delays or extrajudicial considerations. It sets a precedent for ensuring the timely appointment of qualified candidates to the judiciary.

Case details are available in the Unified State Register of Court Decisions under № 9901/415/21.