The Bar Council’s Attack over the Vikhrov Case
In 2023 the High Qualification Commission of Judges recommended attorney Oleksandr Vikhrov for appointment as a judge of the Commercial Court of Zaporizhzhia region. While the HCJ was considering that recommendation, a number of circumstances emerged that raised well-founded doubts about his integrity and professional ethics. These concerned, among other things, inaccurate declarations, questions about the origin of funds, his conduct during a 2018 confrontation with the police, and the circumstances in which he obtained a deferral from mobilisation. After divorcing, Vikhrov married his former wife’s sister, almost immediately obtained a large-family father’s certificate and a deferral, while giving the HCJ untrue explanations about several related circumstances. On 3 June 2025, 11 of the 15 HCJ members supported my proposal to refuse his appointment.
Vikhrov then turned to the Bar Council of Ukraine. On 12 August 2025 the Bar Council adopted decision No. 82, which in effect passed judgment on my actions as an HCJ member: it alleged interference in the practice of law, inducement to disclose attorney-client privilege, review of a court decision, and breaches of ethical standards. The Bar Council proposed raising the question of the early termination of my powers as an HCJ member and initiated disciplinary proceedings against me as an attorney — even though my right to practise law was suspended for the duration of my HCJ service.
These accusations were entirely groundless. I did not interfere in Vikhrov’s practice of law and did not exceed my powers — I was discharging the direct duty of an HCJ member to verify whether a candidate for judicial office meets the criteria of integrity and professional ethics; I asked questions and assessed the answers and documents received. That is precisely why this episode is telling for me: it showed how easily a body of bar self-government can call white black — present an HCJ member’s performance of his lawful duties as a violation of an attorney’s rights, and use disciplinary machinery as a means of pressure.
The pressure then moved into the disciplinary sphere. On 17 October 2025 the Bar Council filed a complaint with the Qualification and Disciplinary Bar Commission (QDBC). The QDBC of Zakarpattia region demanded explanations from me regarding acts performed specifically in the exercise of my powers as an HCJ member, opened a disciplinary case on 12 January 2026, and on 2 March 2026 imposed a disciplinary sanction on me in the form of a warning.
The HCJ responded to this situation four times. In its decision of 14 October 2025 No. 2108/0/15-25 the Bar Council’s allegations were found groundless and a threat to the authority of justice. In its decision of 29 January 2026 No. 136/0/15-26 the HCJ expressly established interference by the Bar Council and the QDBC in the work of an HCJ member; after the materials were sent to the prosecutor’s office, criminal proceedings were opened under Article 351² of the Criminal Code of Ukraine. After the QDBC actually sanctioned me, on 26 March 2026 the HCJ, by decision No. 531/0/15-26, again found interference and stressed that the bar’s disciplinary machinery cannot serve as a means of external control over an HCJ member’s exercise of his constitutional powers. Finally, on 13 August 2026, by decision No. 1661/0/15-26, the HCJ found that the Bar Council was continuing conduct that undermines the authority of justice and the independence of the HCJ, and addressed the Congress of Advocates of Ukraine as the highest body of bar self-government.
An important legal assessment of these events was given by the Lviv District Administrative Court. By its judgment of 8 July 2026 in case No. 380/4669/26 the court fully granted my claim and quashed the QDBC decision. The court established that I had been held liable as an attorney for acts performed as an HCJ member, and that the QDBC is not empowered by law to classify such acts as an attorney’s disciplinary offence. The QDBC therefore acted beyond its powers, and any other approach would undermine the statutory guarantees of an HCJ member’s independence.
The QDBC and the Bar Council appealed against the judgment. On 23 September the Eighth Administrative Court of Appeal dismissed both appeals in full and upheld the first-instance judgment. In doing so, the appellate court gave a principled legal assessment of the very mechanism by which bodies of bar self-government hold an HCJ member disciplinarily liable for acts performed in the exercise of an HCJ member’s powers.
In particular, the court stated:
In the view of the appellate court, attempts to hold a sitting HCJ member disciplinarily liable through the QDBC for his position or his actions at HCJ sittings may be classified as unlawful interference in the work of an HCJ member and a breach of the guarantees of his independence provided for by Law No. 1798-VIII.
The court also concluded:
It follows that, although the general status of an attorney (and the duty to observe deontological norms in everyday life) does not disappear entirely for a person holding a valid certificate of the right to practise law, the QDBC may not give a legal assessment of procedural acts or statements that form part of that person’s direct official duties as an HCJ member — which refutes the arguments of the appeals on this point.
The Eighth Administrative Court of Appeal separately emphasised:
In the view of the appellate court it should be noted, proceeding from the legal relations under examination, that in conducting disciplinary proceedings the QDBC performs quasi-judicial functions. Under the case-law of the ECtHR, such bodies must meet the criteria of independence. Yet when the QDBC imposes a disciplinary sanction on a sitting HCJ member, it is in fact attempting to exercise unlawful control and censorship over the highest constitutional body of judicial governance. This creates an institutional conflict and destroys the guarantees of an HCJ member’s independence, which amounts to a breach of the principle of an “independent and impartial tribunal” (Article 6 of the Convention).
The court thus established that the QDBC decision was arbitrary and an encroachment on the independence of an HCJ member.
This case is a telling example of how the Bar Council and the QDBC — despite the obvious unlawfulness of their actions and the absence of any violation — can break the law and simply invent non-existent disciplinary offences in order to exert pressure or to persecute someone over decisions they dislike.
Materials and links:
- HCJ decision of 03.06.2025 No. 1178/0/15-25 refusing Vikhrov’s appointment (PDF)
- Bar Council decision of 12.08.2025 No. 82 (PDF)
- HCJ decision of 14.10.2025 No. 2108/0/15-25 (PDF)
- HCJ decision of 29.01.2026 No. 136/0/15-26 (PDF)
- HCJ decision of 26.03.2026 No. 531/0/15-26 (PDF)
- Bar Council decision of 02.04.2026 No. 12 in response to the HCJ decisions (PDF)
- HCJ decision of 13.08.2026 No. 1661/0/15-26 (PDF)
- Judgment of the Eighth Administrative Court of Appeal of 23.09.2026 (PDF)
- Judgment of the Lviv District Administrative Court of 08.07.2026 in case No. 380/4669/26 (state register)