Abuse of office by the Kyiv District Administrative Court judges (UPDATED)

On July 17, 2020, the SAPO Acting Head gave notices of suspicion to 12 persons, including the Head of the Kyiv District Administrative Court (KDAC) and the Head of the State Judicial Administration of Ukraine (SJA).

The investigation revealed that the suspects planned to seize state power. They aimed to establish control and create artificial obstacles in the work of the High Qualification Commission of Judges of Ukraine (HQCJ) and the High Council of Justice. In addition, the Head of the KDAC and the Head of the SJA were given notices of suspicion of abuse of influence.

Among the suspects, there are:

•  the Head of the KDAC (Part 1 Article 255, Part 3 Article 27, Part 1 Article 109, Part 2 Article 369-2, Part 2 Article 344, Part 2 Article 344 of the Criminal Code of Ukraine);
•  the Deputy Head of the KDAC (Part 1 Article 255, Part 1 Article 109 of the Criminal Code of Ukraine);
•  the Deputy Head of the KDAC (Part 1 Article 255, Part 1 Article 109, Part 5 Article 27,  Article 351-2 of the Criminal Code of Ukraine);
•  the judge of the KDAC (Part 1 Article 255, Part 1 Article 109  of the Criminal Code of Ukraine);
•  the judge of the KDAC (Part 1 Article 255, Part 1 Article 109, Article 351-2 of the Criminal Code of Ukraine);
•  two judges of the KDAC (Part 5 Article 191, Part 1 Article 109, Part 5 Article 27, Article 351-2 of the Criminal Code of Ukraine);
•  the Head of the SJA (Part 1 Article 255, Part 1 Article 369-2, Article 191 351-2 of the Criminal Code of Ukraine);
•  lawyer (Part 1 Article 255, Article 351-2, Part 1 Article 109  of the Criminal Code of Ukraine);
•  two lawyers (Part 1 Article 255, Article 351-2  of the Criminal Code of Ukraine);
•  a person (Part 1 Article 255, Article 351-2, Part 1 Article 109 of the Criminal Code of Ukraine).

According to the investigation, the criminal group made unlawful court decisions in its own interests as well as in the interests of politicians and business partners. The Head of the KDAC used a scheme where fictitious NGOs or persons filed administrative claims to his court. The result was predetermined, so the claims were considered rapidly.

On July 26, 2019, the NABU Detectives jointly with investigators of the Special Investigation Department of the Prosecutor General’s Office conducted a series of investigative actions (searches) in the premises of the KDAC and the Suvorovsky District Court of Odesa.

As a result, the KDAC Head and three other judges were given notices of suspicion. According to the investigation, they organized deliberately unlawful judicial decisions and intervened in the activity of judicial bodies in order to create artificial obstacles in the work of the HQCJ. 

NABU and SAPO completed a pre-trial investigation as of these facts. The suspects and their defense had been granted with access to the materials of the investigation. Then the indictment will be drawn up and sent to court.

Three suspects were given notices of suspicion of committing illegal acts for the second time. Among them are the Head of the KDAC, his deputy and a judge of this court.

According to Article 62 of the Constitution of Ukraine a person is considered not-guilty in commission of crime and cannot be a subject to criminal punishment, until he or she is found guilty by the court.