BCU initiates disciplinary proceedings against two members of the HQCJ

During an interview with advocate Zhanna Grushko as part of the competition for positions of judges of administrative courts of appeal, members of the High Qualification Commission of Judges of Ukraine violated guarantees of the legal profession.

This conclusion was reached by the Bar Council of Ukraine following a review and assessment of the video recording of the BCU meeting on May 6, 2025. Decision No. 72 was published on the UNBA website.

Acting within its discretionary powers to promote guarantees for the practice of advocacy, protect the professional and social rights of advocates, and adhere to the fundamental tasks of the self-government of advocates, the Bar Council of Ukraine established the following violations: identification of an advocate with a client; disclosure of attorney-client privilege; infringement of the professional rights of an advocate; violation of the honor, dignity, and business reputation of Z. Grushko; discrediting the legal profession; interference in the discretionary powers of other bodies.

In particular, during the interview, members of the High Qualification Commission of Judges disclosed the name of the lawyer's client, the amount of the fee received, the source of funding, asked questions about the political affiliation of clients, publicly suggested the possibility of her violating financial monitoring, expressed opinions that clients do not return to her, and linked the success of her work to the location of her office.

Thus, the result of the evaluation of candidate Z. Grushko was formed on the basis of unlawful actions by members of the Commission, who exceeded their competence and violated fundamental principles of the independence of the advocacy, which could have affected the objectivity and fairness of the decision on her non-compliance with the criteria of personal competence.

UNBA noted that the fact that the High Qualification Commission of Judges has discretion in assessing a candidate for the position of judge against the criteria of integrity does not mean that such discretion is unlimited. In any case, the limits of discretion exclude arbitrary actions and the use of powers for purposes other than those for which they were granted. In other words, the procedure for evaluating a candidate must be lawful in the context of fairness. In turn, a legal procedure is a component of the principles of legality and the rule of law and provides legal requirements for the proper adoption of acts by public authorities.

Therefore, the bodies responsible for selecting and evaluating candidates for positions, including advocates, should request relevant information from the Ukrainian National Bar Association regarding compliance with professional requirements by advocates, rather than establishing and evaluating violations themselves.

In connection with the facts revealed, the Bar Council of Ukraine decided to apply to the High Council of Justice with a request to open disciplinary proceedings against members of the High Qualification Commission of Judges Roman Sabodash and Ruslan Sydorovich, as well as to initiate disciplinary proceedings against them as advocates before regional Qualification and Disciplinary Bar Commissions.