About searches in the Kyiv District Administrative Court

26.07.2019 00:00

On July 26, 2019, the Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) jointly with investigators of the Special Investigation Department of the General’s Prosecutor Office (GPO) conducted a series of investigative actions (searches) in the premises of Kyiv District Administrative Court (hereinafter — KDAC) and Suvorovsky District Court of Odesa. The searches conducted in the framework of investigation of criminal offenses allegedly committed by Head and the KDAC judges.

According to the investigation, Head and some KDAC judges organized deliberately unlawful judicial decisions and intervened in the activity of judicial bodies in order to create artificial obstacles in the work of the High Qualifications Commission of Judges of Ukraine (hereinafter — the HQCJ). The purpose of these actions is to avoid compulsory qualification evaluation defined by law for judges.

The plan, according to the investigation, they realized in several stages.

• Artificially initiated the filing of claims about the lack of authority of some members of the HQCJ and prohibiting them from using their powers and arranging court decisions on their satisfaction.

• Change of two members of the HQCJ with intervention of the Head of the KDAC at the predetermined “loyal” winners of the competition on the quota of the Commissioner of the Verkhovna Rada and the State Judicial Administration was ensured. It is obliged to the HQCJ to immediately include in the composition of the HQCJ the indicated winners of the competition based on the OASK decisions in claims initiated by the Head and employees of the same court.

A judge of the Supreme Administrative Court filed one of the lawsuits artificially initiated by the KDAC judges against the Head and a member of the HQCJ. Because of the automatic distribution of this lawsuit came to judge of the KDAC, on whom the participants in the crime had no influence, they tried to reach a “desired” decision on the “necessary” expressing, by putting pressure on the judge.

• Prohibition of eight members of the HQCJ to carry out a qualification assessment of judges on the basis of a unjust decision by one of the judges of Suvorovsky District Court of Odesa, in organization of passing of which separate officials of the KDAC  were actively participated. Subsequently, the Odessa Court of Appeal overturned the decision as illegal. In other circumstances, it would actually had made the work of the HQCJ impossible.

Taking into account the presence of sufficient evidence, the draft notices of suspicion of committing criminal offenses under Article 351-2 (“Interference with activity of the High Council of Justice, the High Qualifications Commission of Judges of Ukraine”), Article 375 (“Delivery of a knowingly unfair sentence, judgment, ruling or order by a judge (or judges)”), Article 376 (“Interference with activity of judicial authorities”) of the Criminal Code of Ukraine sent to the Deputy General Prosecutor of Ukraine by the Special Investigation Department of the GPO.

Pre-trial investigation is ongoing. All necessary investigative actions carried out to establish all the circumstances of the commission of crimes and bring the perpetrators to legal liability.

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