Ostapenko reports 18 judicial recusals in 3-year Lavra case

Maksym Ostapenko. Photo: Shelter

The Director General of the National Reserve "Kyiv-Pechersk Lavra" Maksym Ostapenko publicly complained about the work of Ukraine's judicial system, stating that over three years of proceedings in the case concerning the termination of the lease agreement with the Ukrainian Orthodox Church, approximately 18 judges had been replaced after declaring recusals or being recused following motions by the parties. He made the remarks in an interview with "Shelter".

"Over three years, if I am not mistaken, we have had about 18 judges who declared recusals and self-recusals. That is, we understand that, unfortunately, the judicial system – I will express my personal point of view – continues to operate within the framework of the rule of law," he complained.

In effect, the reserve’s director acknowledged that the judicial system operates within the law, giving the parties to a case the legal right to request a judge’s recusal when there are doubts about the judge’s impartiality. However, he described this adherence to procedural rules as a "problem," arguing that during wartime, courts should be guided not by the letter of the law but by some kind of “spirit,” and should defend the Constitution as he himself understands it.

Such statements were not made for the first time: previously Ostapenko had already allowed for a forceful scenario for resolving the issue with the Lavra, and now he is effectively calling into question the expediency of the existing judicial guarantees for the party challenging the termination of the lease agreement.

As the UOJ reported, Ostapenko had previously stated that if it were not for the Soviet reserve, the Kyiv-Pechersk Lavra would not have existed.

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