And eat a fish ...

Dozens of judges in the occupied Donbass swore allegiance to the new government, but at the same time seek to receive a pension from Ukraine

Dozens of judges who were listed in the courts of the Lugansk and Donetsk regions are now working in "courts" controlled by the separatists. At the same time, defectors are trying to quit Ukrainian courts on a common basis: this will allow them to receive very considerable judicial pensions from Ukraine. The Higher Council of Justice of Ukraine reports that at present, the presentation of 11 of such, in fact, who violated the oath, is in the Verkhovna Rada, which, without difficult proceedings and investigation, may in the near future decide on their "soft" dismissal.

In the territories controlled by the "DPR" and "LPR", the development of their own "statehood" continues. After the formation of the legislative and executive branches, the authorities began to create a "judicial system" there. The creation of territorial "courts" was spoke back in February. Before that, only the "military court" existed. The first appointments of the "judges" and their acceptance of the oath of self -proclaimed "republics" took place at the end of August. The second decree "Chapter" of the so -called LPR Igor Plotnitsky signed in September, the third - October 1.

In total, the chairmen of the "courts", their deputies and "judges" of 14 cities and regions of the Luhansk region, controlled by separatists, were appointed. The composition of the "military court" was also approved. These bodies have been considering criminal and administrative cases on October 1, civil, family, labor and land proceedings promise to start from January 1, 2016.

Relations in these areas are regulated by acts that the "People's Council of the LPR" approved. Since not all these codes are adopted in the second reading, there is a delay in the consideration of some cases until January 1.

The website of the People's Council of the LPR contains the names of the developers of documents. And among them there are names of people who formally still remain judges of the Court of Appeal of the Luhansk region, while they are already judged by the "laws" of the self -proclaimed LPR.

A year ago, the Court of Appeal of the Luhansk region changed the address: he moved to Severodonetsk. Not all judges agreed to move, 14 of them remained in the occupied Lugansk. Two more seemed to agree, but did not go to work. All of them still remain on the lists of judges on the official website of this appeal court.

Why are these people not relieved of their posts, at least for absenteeism? The chairman of the Lugansk Court of Appeal Vladimir Gavrilyuk explains this by the fact that hiring and dismissing judges is not his powers.

The dismissal of judges in Ukraine, indeed, is a rather complicated procedure in which the Ministry of Justice is involved, the Higher Qualification Commission of the Judges of Ukraine (in the case of disciplinary violations, violations of the judicial oath), the High Council of Justice and the Verkhovna Rada. Experts believe that in this case judges-referees are counting at random, namely that one instance did not notify the other, and the other did not hear the third. It turns out that the revision of pension judges is theoretically possible, but in practice no one wants to do this.

Even before the announcement of the self-proclaimed DPR and LPR in April 2014, the ex-head of the Lugansk Regional Court of Appeal Anatoly Vizier declared himself the president of Southeast Ukraine. According to some reports, the vizier is now retired, which he receives from the Ukrainian state.

Judges remained in Lugansk, some of whom openly collaborate with the separatists. The signals were received, but they were not heard. And the Supreme Council of Justice (all) of Ukraine has already decided to resign and dismiss “of their own free will” of most of these judges. All did not take into account the fact that half of these judges did not go through the lustration procedure. They did not submit any applications; the restrictions provided for by the law "On the purification of power" are not applied to them.

The Verkhovna Rada has already been sent for ten Lugansk judges. “Open” all offers to dismiss the judges Batyashov, Zagorodnaya, Kravchenko, Zinchenko, Zaporizhenko, Galan, Bas, Medvedev, Reus, Stupin. In addition, of his own free will it is freed by Judge Karasev from Alchevsk, which Igor Plotnitsky has already appointed deputy chairman of the separatist Alchevsk City Court.

Prior to the completion of the development of its own “judicial” system in the LPR, it remains to take a little steps - to create the highest and arbitration “courts”. As they say in perioseman circles, it is in these institutions that most of the former judges of the Court of Appeal of the Luhansk Region plans to work, which remained in the territory controlled by the LPR.

The High Council of Justice reports that he appealed to the Higher Qualification Commission of the judges of Ukraine (VKKSU) relative to almost two dozen judges from the occupied part of the Donetsk and Lugansk regions to establish whether they had violated the oath of the Ukrainian state previously accepted.

The deputy chairman all of Alexei Muravyov explains the procedure for dismissal for violation of the oath: according to the law, disciplinary proceedings against judges of local and appeal courts are carried out by the highest qualification commission of judges. She can recommend the whole idea of the dismissal of the judge for violating the oath.

"However, the recommendations of the Higher Qualification Commission of the Judges of Ukraine on the submission of the dismissal of judges of the Bryankovsky city court of the Lugansk region Chernova N.I., the Krasnodolsky City Court of the Lugansk Region Dolotin V.A., Kovalchuk G.L., Sknarina L.G. were not received from the posts for violating the oath to the Supreme Council of Justice," writes Deputy Chairman of the Higher Council of Justice.

Familiar with the situation, observers believe that the rebuke judges manage to bypass sharp corners due to the fact that in Ukrainian legal instances they do not read separatist sites. It is there that it is described in detail about the "exploits" of those who swore allegiance to the authorities of the DPR and LPR.

Meanwhile, journalists and bloggers play their role in history with judges who draw attention to the details who were unnoticed in legal instances. At the end of July of this year, after an article by Olena Stepova, People's Deputy Dmitry Tymchuk sent a deputy request about the judges-reveres. As a result, the Supreme Council of Justice of Ukraine suspended the dismissal of "at his own request" by the judges of Markovo and Logvina from Sverdlovsk in the Luhansk region. They are now fired "for violation of the oath of the judge", followed by the opening of criminal proceedings.

Although the case moved from the dead point, the question of the judges remains open, the idea of the dismissal of which has already been sent to the Verkhovna Rada. The project of the parliament has a draft appropriate solution.

The resignation of judges means that they will receive considerable judicial pensions (6000–15,000 hryvnias, this is approximately $ 262-615) from the Ukrainian state, while cooperating with the LPR and DPR groups, which Ukraine considers terrorist. For comparison, the minimum pension in Ukraine is 1074 hryvnias - this is about $ 45.

Original article by Alexei Dobrov on the Ukrainian Service website Radio Liberty