Judge Dolzhko is facing dismissal for violating self-recusal and other disciplinary violations

Judge Dolzhko is facing dismissal for violating self-recusal and other disciplinary violations

The High Council of Justice intends to dismiss the judge of the Zinkiv District Court of Poltava Region, Serhiy Dolzhko.

According to the complaint materials, Dolzhko twice unilaterally satisfied his recusal in January and March of this year. In the Criminal Procedure Code, the issue of a judge recusing themselves remains unresolved. The disciplinary chamber considers it appropriate to apply legislative provisions regulating similar public relations, according to which, if a case is presided over by one judge, then the recusal should be handled by another judge of the same court.

In 2024, Dolzhko denied the claim by the LLC "FC ’Cash to Go’" regarding debt collection under a loan. The defendant in the case was Judge Dolzhko’s assistant. Theoretically, this assistant could have even prepared the case for consideration, including drafting the court decision. Being in direct authority over a participant in the case, Judge Dolzhko was supposed to declare a recusal; however, he did not do so and considered the case on its merits.

After the initiation of a disciplinary case, the disciplinary inspector sent a request to the court regarding the characteristics of Judge Dolzhko. On March 5, a characteristic signed by the acting head of the Zinkiv District Court, Oksana Sytnyk, was received by the HCJ.

However, on March 14, the woman sent an appeal to the HCJ through the "Electronic Court" subsystem. She stated that she had neither compiled nor signed a positive characteristic of Dolzhko, and it was sent by mistake due to technical reasons, thereby requesting it be considered withdrawn.

Sytnyk confirmed that Judge Dolzhko violates the process in criminal proceedings by unilaterally satisfying his recusal, which, in her opinion, is a violation of the norms of the Criminal Procedure Code. According to her, Dolzhko commits such violations in every criminal case where the question of recusal or self-recusal arises.

Currently, only two judges—Sytnyk and Dolzhko—are working in the Zinkiv District Court of Poltava Region.