The Liquidation of the District Administrative Court of Kyiv

Today, the Verkhovna Rada should consider the draft law on the liquidation of the District Administrative Court of Kyiv and, as predicted by the dome cleaners, adopt it as a basis and as a whole.

Is it possible to liquidate the court during wartime?

After yesterday’s news that the legal committee of the Verkhovna Rada considered draft law5369 and recommended it for voting simultaneously in two respectable scientific journals (anonymous Telegram channel “Under the Mantle” and “Magazine of Court and Jurisprudence”), the following narrative appeared: it is impossible to liquidate the District Administration Court of Kyiv during the period of martial law.

The point is that Article 10 of the Law on the Legal Regime of Martial Law stipulates that: “During the period of martial law, the powers of […] courts […] cannot be terminated.”

Unfortunately, it is obvious that the legal committee of the Verkhovna Rada did not suddenly remember yesterday that the President presented this draft as urgent twenty months ago. Last Friday, the US Department of State imposed (https://t.me/DeadLawyers/1730) sanctions on Pavlo Vovk. After this reputational knockdown imposed by the United States on the head of the Court, apparently, this is the moment that not only court lawyers understand that this is a knockout. Now an honest lawyer should avoid even stumbling into the reception on Bolbochan Street premises.

Since the deputies got this draft law out of immediate non-existence clearly in a hurry, the legal minds did not consider the martial law issue. Or they did do.

We discussed this pressing issue with some smart people. Here’s what they think anonymously:

First idea. Not termination of powers, but liquidation
Martial law prohibits the termination of the court’s powers. But draft law 5369 is not about termination of powers, but liquidation. It is about the liquidation in accordance with the law on the judiciary and the status of judges.

Another issue is that the draft law on the liquidation of a specific court must be agreed with the High Council of Justice before adoption. Such consultations did take place: a year and a half ago, the High Council gave a negative comment on this draft. But formally, the requirements of the law have been met; consultations have been held.

Second idea. This is not the liquidation of the court as a judicial brunch, this is the liquidation of the District Administrative Court of Kyiv as it is

If you look at the list of prohibitions, it does not refer to a specific court but to courts as a function. Upon liquidation of the District Administrative Court of Kyiv, the powers of the “courts” are not terminated, and another court will perform the District Administrative Court powers. If, on the contrary, this rule is interpreted literally, then, for example, the powers of the Melitopol court cannot be terminated, but in fact, they are terminated, and the cases are transferred to another court.

They didn’t fuck up; they symbolize the struggle.

The position of Pavlo Vovk and the powerful team of judges who recently elected the specified individual as the head of the court for the fifth time is still being determined regarding this issue.

As for the introduction of sanctions, Mr. Vovk made everything loud and clear on his Facebook page on Saturday. In particular, he reported that specific international structures planned to exercise control over the judicial system of Ukraine. And Mr. Pavlo is the only honest judge who was able to identify this intention and heroically opposes it.

Mr. Pavlo also noticed a long time ago how international adventurers and their local agencies spend the funds of US taxpayers on pseudo-cases, fabricated bribes, and public accusations without convictions.

This critical reflection from the point of view of psychiatry and anthropology received favorable reactions from Vitaly Serdiuk, Olga Prosianiuk, and Rostyslav Kravets.

“Everything is just beginning” — Pavlo Vovk ended his FB post with these mysterious words. Most likely, he means that even in case of liquidation of the District Administrative, he will continue to deal with alternative justice in exile.

UPD. It was pretty fast. While we were publishing this text, the Verkhovna Rada adopted the draft law, and the President has already signed it.

✍️ Dima Gadomsky