KYIV – Efforts to overhaul Ukraine’s judicial system are being stymied by a massive backlog of complaints against judges, creating an environment of “infinite paralysis,” according to legal experts. As the ouster of pro-Russian President VIKTOR YANUKOVYCH in 2014, Ukrainian lawmakers have worked to reform what many see as a corrupt judiciary. Several anti-corruption bodies have been established, including the Public Integrity Council, the National Anti-Corruption Bureau, and the High Council of Justice.

However, the sheer volume of complaints is overwhelming the system. A 2020 analysis by the Atlantic Council likened the judiciary to a “criminal syndicate”, highlighting the deep-seated issues.

While progress has been made – 48 judges were dismissed in 2024 for various offenses, including collusion with Russian interests – the system remains burdened. In May 2023, the head of the Supreme Court was arrested on accusations of accepting a $2.7 million bribe. Last year, JUDGE LARYSA BOHOMOLOVA of the Berdyansk District Court was removed for allegedly sending sensitive military data to the Russian government. Similarly,in Kherson,JUDGE NATALIA SHARKO was dismissed for violating judicial disciplinary codes amid suspicions of working for the Russians.

The High Council of Justice plays a central role in these efforts, aiming to make the complaint investigation system accessible to all segments of Ukrainian society.

the Complaint Backlog: A System Overwhelmed

“Judges are cornered and afraid to make any decisions.”

Critics argue that the accessibility of the complaint system has led to its abuse. The system now faces a backlog of over 13,000 complaints against approximately 4,400 judges. While some complaints involve serious allegations like treason or high-level corruption, many are considered petty or outside a judge’s jurisdiction.Examples include complaints about a judge refusing to delay a hearing and another holding a judge responsible for delays in city services.

In late 2024,the council established the Service of Disciplinary Inspectors to address the backlog, with about two dozen new complaints added daily. However,with only 18 inspectors,each processing approximately one complaint per day,the division struggles to keep pace.

Abuse of the Complaint System

VITALIY SALIKHOV,the former acting head of the High Council of Justice,suggests that many complaints are filed to pressure judges or create grounds for recusal. He notes that the law allows charges for almost any formal shortcoming, leading to an environment where judges are hesitant to make decisions.

SALIKHOV also claims that the ease of filing complaints has turned it into a business.Individuals file complaints en masse for small payments from those who wish to remain anonymous.

“We keep seeing the same surnames over and over again,” SALIKHOV says.

In one instance, a complaint alleging profanity by a judge was filed under the name of a person who had died months earlier.

“We call these ‘grave complaints,'” said one inspector, speaking anonymously.

Other cases, while serious, are unrelated to war or corruption. In June 2023,a judge was accused of drunk driving and hitting a pedestrian. While the High Council did not determine criminal guilt, it ruled that the judge’s behavior undermined the court’s authority and dismissed him.

“Conscientious judges fear not only being rightfully held accountable for their actions, but also being subjected to illegitimate punishment disguised as legal procedure – meaning the use of seemingly legitimate procedural tools that are actually illegal,” says OLEH YURKIV, a judge in Halytskyi District Court in Lviv.

ROMAN MASELKO, a member of the High Council of Justice, believes that limiting complaint filings to those directly affected by a judge’s actions would reduce the burden on the system. He suggests that activist organizations should only support individual complainants, not file on their behalf.

MARKIYAN HALABALA, a judge at Ukraine’s High Anti-Corruption Court, concludes that the current complaint system fosters dysfunction.

“Many fellow judges are afraid to make decisions because a judge ends up with an enemy in the form of the party that disagrees with the ruling,” he says.