The National Agency on Corruption Prevention (NACP) has found that Acting Chief Justice of the Constitutional Court of Ukraine (CCU), Serhii Holovatyi, made a decision in the context of a real conflict of interest, which he had not reported in the prescribed manner.
Thus, the CCU received a complaint in which the applicant stated that Serhii Holovatyi had knowingly entered false information into the court's decision and insisted on his dismissal.
Not wanting to submit the said appeal to the special plenary session of the CCU, from where it could have been sent to the CCU Commission on Rules and Ethics (based on the conclusion of which Holovatyi could have been dismissed), he proposed the said appeal be considered on the agenda of the regular session. The procedure of such a meeting does not provide for the possibility of sending an appeal to the said commission.
Thus, being vested with the powers of the acting head of the CCU, Holovatyi protected himself from a possible further audit of his actions, which could result in his dismissal.
The actions of the acting Head of the CCU are qualified under parts 1 and 2 of Article 172-7 of the Code of Administrative Offenses - violation of the requirements for the prevention and settlement of conflicts of interest. The report was sent to him for familiarization in accordance with the requirements of Art. 257-1 of the Code of Administrative Offenses.
If the court finds the official guilty, he faces a fine and possible inclusion in the Register of Infringers. The actions of a judge may be considered a significant disciplinary offense, and the judge may be dismissed from office.
