Judge Volkov wins over UAH 14M compensation for three years of 'idle' period

This decision was made by the Kyiv District Administrative Court on December 27, 2023, and was upheld by the Sixth Administrative Court of Appeal on September 17, 2024. Oleksandr Volkov confirmed this information in a comment to Ukrinform.

In his lawsuit against the Supreme Court and the Supreme Court of Ukraine, Volkov requested the recalculation of his judicial remuneration for 2023 and severance pay upon his dismissal. He sought compensation for unpaid wages for 2021 and 2022 amounting to UAH 9,281,327, average earnings for the entire delay period of UAH 2,353,494, unpaid wages from January 1, 2023, to March 2, 2023, and severance pay totaling UAH 798,198, as well as additional severance of UAH 1,147,410 and UAH 528,072 for unused vacation days.

Volkov argued that the Supreme Court of Ukraine did not adjust his monthly judicial remuneration for 2023 or his severance pay, thereby infringing on his right to fair compensation. He also sought back pay for the years 2021, 2022, and 2023.

The lawsuit was supported by a letter from the Ministry of Finance, which stated that the state budget laws for 2018-2023 included a provision that funding for judges of the Supreme Court of Ukraine and its staff would be within the budget allocations designated for the Supreme Court. The determination of expenditure amounts for judicial remuneration fell under the competence of the Supreme Court.

The court's decision took into account a Constitutional Court ruling from February 18, 2020, which declared the dissolution of the Supreme Court of Ukraine during the 2016 judicial reform unconstitutional. It also highlighted that the renaming of the Supreme Court of Ukraine to the "Supreme Court" was done without transitioning its judges.

The Supreme Court has filed a cassation appeal against the decision to award Volkov UAH 14,148,000 in compensation. The Administrative Cassation Court within the Supreme Court has not yet scheduled a hearing for this appeal.

Volkov confirmed in a comment to Ukrinform that he was indeed the plaintiff in this case. He also mentioned that three other judges from the Supreme Court of Ukraine have filed similar lawsuits seeking compensation.

When asked about the reasons behind his lawsuit, Volkov stated: "I was not allowed to administer justice, and that is the fault of the state. The European Court of Human Rights (ECHR) has already ruled that Ukraine, through its state bodies and the Supreme Court, prevented judges from continuing their judicial duties. The Supreme Court of Ukraine was renamed in 2016, and those judges who had served for many years were not allowed to continue their work. For this, Ukraine was held accountable before the European community. Unfortunately, those responsible for initiating these changes in Ukraine have not been held accountable."

As reported, the 2016 judicial reform led to the establishment of a new Supreme Court to replace the Supreme Court of Ukraine.

Judges for the newly established Supreme Court were selected through an open competition involving international experts. The new Supreme Court began functioning on December 15, 2017, with judges receiving significantly higher salaries—up to UAH 300,000.

Meanwhile, judges from the old Supreme Court of Ukraine who chose not to participate in the competition filed complaints with the ECHR and the Constitutional Court, challenging the dissolution of their court.

Despite not performing judicial duties, these judges continued to receive salaries ranging from UAH 50,000 to UAH 80,000 as provided for judges of the Supreme Court of Ukraine.

On February 18, 2020, the Constitutional Court ruled that the dissolution of the Supreme Court of Ukraine was unconstitutional and required Parliament to amend the legislation accordingly.

On July 22, 2021, the ECHR in case No. 11423/19, Humeniuk and Others v. Ukraine, also concluded that the dissolution of the Supreme Court of Ukraine during the 2016 judicial reform was unlawful.

On November 21, 2023, the Ukrainian Parliament, following the Constitutional Court's decision, passed a law ensuring the continuity of justice by the highest court in Ukraine's judicial system.

As a result, in early 2024, judges of the former Supreme Court of Ukraine, including Bohdan Poshva, Oleh Kryvenda, Anatolii Yemets, Tetiana Zhaivoronok, and Viktor Shkoliarov, were reinstated in the new Supreme Court. Other judges from the old Supreme Court had by then already retired.

Notably, Judge Volkov was initially retired from his position in the Supreme Court of Ukraine on February 23, 2023. However, he challenged this decision and was officially dismissed in April 2024 as a judge of the Supreme Court.