NABU and the SSU disclosed criminal organization headed by the Head of the Kyiv District Administrative Court (KDAC), which includes judges of the KDAC, the Head of the State Judicial Administration of Ukraine (SJA), former members of the High Qualification Commission of Judges of Ukraine (HQCJ) and others. The NABU Detectives documented acts of corruption, and exposed the entire system of administered justice, which contributed to personal enrichment of judges and on top of that was used by the KDAC Head as the tool for seizing power in judiciary.
According to requirements of the law, the KDAC is endowed with exclusive powers to consider all lawsuits against central public authorities located in Kyiv. As the result, the KDAC judges make court decisions that have significant public impact in all spheres of life of the country.
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EPISODE 1: PROPERTY STATUS
The NABU Detectives found that the Head and judges of the KDAC owned expensive assets and had lifestyle incomparable with the level of their official incomes. At the same time, only the small part of assets is submitted to e-declarations.
Used materials: photos and videos from Bihus.info
The Deputy Head of the KDAC received from the state the corporate apartment with the total area of 150 sq.m. Such a large area was allocated because of alleged need for the judge to live with his parents, although, in fact, this was not the case. Later, the apartment was privatized and sold for more than UAH 9 mln.
During last 5 years, the KDAC Head himself has been abroad more than 30 times. In particular, he had several Maldives vacations, while the cost of one vacation was sometimes more than USD 50 thous. On some of his travels, the KDAC Head flew in chartered plane. He also bought several kilograms of golden items (coins and dinnerware) from his colleague, the judge of the Court of Appeal.
In 2017–2018, former wife of the KDAC Head, brother and another close person received economically unjustified income from the fraud with domestic government bonds worth UAH 5 mln each.
Comment on the scheme: The bank sold securities at the market price to the KDAC Head relatives, and they resold them to the individual at inflated prices. The individual himself returned these securities to the same bank at original price. These banking transactions between three persons could be conducted in less than 1 minute. It resulted that into the fact that KDAC Head relatives received almost UAH 15 mln profit.
The participants of the criminal organization, headed by the KDAC Head, in fact took over functions of other authorities and made contract decisions in interests of political elites and business circles, as well as in their own interests, interfering in any state processes. In order to do this the KDAC Head used, in particular, the scheme for filing artificial, contrived lawsuits from fictitious public organizations or individuals to his own court, followed by their "ultra-fast" consideration. At the same time, ordinary citizens have been waiting for years for the decision on their cases, and in numerous interviews, the KDAC Head constantly refers to excessive workload of the court.
In exchange for improper advantage (funds, intangibles or political influence), the KDAC Head provided respective instructions to subordinate judges. In case of "disobedience", the KDAC Head used influence, threatened and could even send the complaint against the judge to the High Council of Justice through fictitious persons or organize checkup of the judge's e-declarations in the National Agency on Corruption Prevention (NACP). At the same time, adopted decisions, significant part of which were cancelled by courts of appeal and cassation instances, had nothing to do with the law.
The adoption of contract, sometimes absurd, decisions allowed criminal organization headed by the KDAC Head to become illegally rich. Let's focus only on small part of the documented cases of "justice".
EPISODE II: CONTRACT DECISIONS IN THE KDAC
Decision to recognize absence of coalition in the Verkhovna Rada of Ukraine
In 2019, the Kyiv District Administrative Court considered the lawsuit on recognition of absence the coalition in parliamentary fractions, which opened the door for its further adjournment on the ground of the court decision. The KDAC Head stated that judges were ready to make such decision in order to revenge then authorities.
March 12, 2019
KDAC Head: – No. You’ve sh*t your pants there. Sasha (probably this is former MP - note) called and said: "Fu*k. Not for sh*t. Will you declare that there is no fuc*ing coalition?!"
KDAC Judge: – So what? What will it affect?
KDAC Head: – I said: "Sasha, what are you doing? Did you doubt our political prostitution?" We have been waiting for this moment for such a long time. Should I remind you everything?
The KDAC Head stated that "his" judges are ready to make unjustified decision in the case regarding financial industrial group, which is considered by the KDAC, if they receive an improper advantage.
March 13, 2019
KDAC Head (speaks on the phone): Hello, hello. Look, I gave it to you not to argue who is right and who is wrong. In general, look, look. My people believe that this is strong argument, they want to write it and they are ready not to write it, but to write some bullsh*t, if there is interest in it, if it is yours. I understand that they are thinking realistically now. If they are ready to sponsor this, then we are ready to give this bullsh*t. And if they are not ready to sponsor, then let them fight (means to continue to sue on general grounds - note.).
Decision to ban civil servants to travel abroad
The KDAC Head and his Deputy have developed the plan to file the lawsuit from the third party to ban the wide range of civil servants to travel abroad after the presidential elections in Ukraine in 2019.
In this way, the KDAC Head planned to demonstrate his power and capabilities of the court, to intimidate and take revenge on former top-officials. It was supposed to implement ban on travelling for civil servants before consideration of the case, in fact. To do this, one of the KDAC judges developed the draft lawsuit, allegedly signed by the Member of Parliament David Zhvaniya, and submitted it to the court. The court opened proceeding, but MP denied filing of such lawsuit on the next day.
April 03, 2019
KDAC Deputy Head 1: – Well, I'll tell you that they can do it. The Ministry of Internal Affairs can give the command on 21st, fu*k, when exit polls will be announced. And they will close borders for certain people. Border guards. "And what ground do they have?" - "And I tell you that it is necessary".
KDAC Judge: – This should be done on 29th, the official announcement when this is still the draft (probably this is about possible date of announcement of results regarding elections of the President of Ukraine in 2019 - note).
KDAC Deputy Head 1 (whispering): – Let’s file the draft claim, where about 150 people will state “Please forbid, fu*k, oblige border guards”.
KDAC Deputy Head 2: – The Verkhovna Rada.
KDAC Deputy Head 1 (whispering): – "To take off, to forbid departure, to leave", fu*k it, and send it. And let it lie at our place (laugting). And write everything there, who is possible, and they will write about someone, at any time it is possible to provide (meaning the decision on securing the lawsuit) fu*k the border, got it? And why not? Surname, name, patronymic, year of birth. They will fuc*ing sh*t in their pants.
KDAC Deputy Head 2: –Then, we can cheat legally, at least.
KDAC Deputy Head 1 (whispering): - And Kozyakov (former chairman of the HQCJ - note), and Benedisyuk (former chairman of the HCJ - note),f*ck, and the Supreme Court, f*ck, all this f*cking sh*t, but not Granovskyi, of course. Although, he did not ask us, as they say? (laughs)
KDAC Head: – If they knew behind what processes we are, I think they would shut the f*ck up.
KDAC Deputy Head 1: – I tell you, when I have one here, and that one there.
KDAC Head: – I think half of the country will fuc*ing sh*t in pants (laughing). This is a fuc*ing step.
KDAC Deputy Head 1: –Simply beautiful, and professional.
KDAC Head: – We will do it now, we will do it, it is necessary, it is necessary, wait.
KDAC Deputy Head 1: – Day, month, year of birth. Because it matters who it is. Well, when the ban (t few words are incomprehensible). So,no service could be mistaken.
KDAC Judge: – The National Security and Defense Council, are we going to limit it also?
KDAC Deputy Head 1: – Yes? (few words are incomprehensible).
KDAC Judge: – No, no, well, here Pasha says: "Interest", yes, and who should be the defendant? Well, or the third party?
KDAC Head: – No, border guards, we put border guards, and then all the rest are third parties.
KDAC Head: – Crime prevention. Police is illegal inaction.
KDAC Judge: – Don’t apply to?
KDAC Head: – And border guards, fu*k, are third parties. It is already obvious that they will run. Why don't you do it? And then when they will see what it really is, that this is the court. And the fact that thanks to Ablov (KDAC deputy chairman - note), we are related to "backpacks", they will say: "fuc*ing sh*t, we must fu*k off.
KDAC Deputy Head: – And we will publish on the website that lawsuits on the provision will be considered on 19th. (laughs).
Visitor: - Who will be prohibited to leave?
KDAC Head: - We will not prohibit to leave to anyone yet, but the lawsuit did not just appeared. There are certain forces, I cannot tell.
EPISODE III: SEIZURE OF POWER BY THE KDAC HEAD
Competition to the High Council of Justice
The competition regarding selection of two new members to the High Council of Justice under the quota of the President of Ukraine was launched in March 2019. The KDAC Head worried that people disloyal to him could win this competition to the High Council of Justice, and instructed one of the KDAC judges to study the competition procedure, identify violations and prepare the lawsuit for filing it to the same KDAC by fictitious persons in order to cancel results of the competition.
The purpose of these actions was actual seizure of power by the KDAC Head in the highest judicial body, which has authority to appoint, promote, punish and dismiss judges, by introducing loyal members to the HCJ.
March 11, 2019
KDAC Head: – I sent you the link. The President created the Commission.
KDAC Judge: – Ok.
KDAC Head: – Regarding passing of members of the HCJ. However, there is no date and the Competition Commission and so on.
KDAC Judge: – Ok
KDAC Head: – I mean that you should monitor everything that will happen there (n/a).
KDAC Judge: – Got it.
KDAC Head: – The Competition Commission could be our defendant.
KDAC Judge: – Got it.
KDAC Head: –Because it doesn’t include the President.
KDAC Judge: – I got it, ok, got it.
KDAC Head: – And we need to show them. We have to find some kind of violation, as soon as something concrete appears, right? And make the lawsuit, so that you have it ready, because it could be necessary at any moment.
If they choose someone like Filatov (probably referring to Former Deputy Head of the Presidential Administration – note).
KDAC Head (speaks on the phone probably with the member of the HCJ): Do you hear me, pay attention please, today the President signed the decree, created the Commission to select members of the HCJ from himself. There is no date, but he has already created the Commission, it means to pass someone. No matter how Lesha Filatov (referring to Former Deputy Head of the Administration of the President of Ukraine - note) thinks to jump in there. That’s fu*king not. What does it mean even if he jumps in? We'll come up with some kind of lawsuit. Take your time. Why the fu*k to let this assho*e go in there (laughs). I have already told Sasha. I said: “Sasha, in the context of our friendly relations, I warn you in advance that if I see some a*shole that I personally don’t like, you can tell Petro Alekseyevich (probably referring to former President of Ukraine - note) that I will personally f*ck him (laughs). Well, Granik (probably referring to former Member of Parliament of Ukraine), I could not personally write this to Petro Alekseyevich (laughs). Okay, Pashenka.
April 11, 2019
KDAC Head: – In fact, no one else is there. But the President can now try to fu*k up there by his decree. There, by the way, the task number one is to analyze violations. Bogdan, I told you, you sit down, sit down, here is this commission within the President (referring to the Competition Commission on selection of members to the HCJ), we can suspend the Commission (meaning to make the decision to secure the lawsuit, which will block the work of the Commission) ... There is no President, but the Commission (n/a).
KDAC Judge: – They don't fu*king post anything anywhere right now.
KDAC Head: – That’s bad.
KDAC Judge: – They hide everything. And, in fact, they do not give information anywhere.
KDAC Deputy Head: – And if we say to pass technically someone a kin?
KDAC Head: – Look, I think the submission deadline is over. But if it's not over, maybe you should ask **** (one of possible candidates - note.) to apply.
The KDAC Head talks to close person, the assistant to Member of Parliament of Ukraine (currently she is Member of Parliament) regarding organization of the lawsuit against the HCJ.
KDAC Head: – So, how is it going?
MP Assistant:– What do you want about Omelchuk (plaintiff in the case against the Competition Commission)?
KDAC Head: – Look, we had a meeting today.
KDAC Head: – Look, when we met and discussed the issue (technical failure). This one suggested this devil. Sergei Vasilyevich (probably referring to former Member of Parliament of Ukraine - note) winked at me like that. Then he said: "That's cool. I wanted to, but I didn't know how, and he had suggested it." In short, this devil could be the second candidate at the Congress of Scientists. Just note to self. Well, why is he good now? That he is participant and applied to the President to the Commission. He has already been kicked out, his right has been violated. We should call him, and invite next week. Sergei Vasilyevich will have tea with him. Wу should ask him to take all documents related to participation in the Competition. That means when he was notified, notified, and so on. And analyze, and probably make the lawsuit on his behalf against the Commission, the Commission. The Commission is as independent subject of power, to us (meaning to the KDAC).
KDAC Head: – And try to appeal the decision about his non-admission, and fuc*ing stop all the rest. So, fu*king no one gets through anywhere.
MP Assistant: – Okey.
KDAC Head: – He has violated right. He says: “Well, firstly, he is a team man, and Sergey Vasilyevich came out and said, it would be good to settle themselves, and not to associate him with us. And zap, zap, zap."
MP Assistant: – Well, this should be done now.
KDAC Head: – So, I told you that that’s it. Tell Toma, Rostik to invite him next week when I will be there. We will have tea with him. Ask him to take all documents. Let them analyze.
MP Assistant: – He is going to Odessa. He will be there next week.
KDAC Head: – Let them analyze, analyze, and make the lawsuit.
MP Assistant: – Well, I think you made it all up.
KDAC Head: – No. Seriously. What are you?
Later, the KDAC Head selected loyal to him candidate to the HCJ, who appealed actions of the Competition Commission in the KDAC on his instruction. On April 22, 2019, the KDAC judge forbade the Commission to make decisions on selection of candidates that should be recommended to the President for appointment before this case will be decided. This decision was made not by impartial and independent court in the deliberation room, but by fully depended the KDAC judge under orders of the KDAC Head.
KDAC Head: The main thing for us is following: to finish these fag*ots now, to cut everything where they started to shit, for instance, it is necessary to put everything in order with the HQCJ, fu*k, to put everything in order with the HCJ. Because all normal people come in there. But they have to go in, win Ablov (probably this means to close the disciplinary case in the HCJ - note), then to stop fu*king all these productions that had been opened, and fu*k this HQCJ altogether.
KDAC Judge: – We have pleasant motivation here.
KDAC Judge: – Read the motivation. I put it there how we’ve talked before.
KDAC Head: – Look. "On definition (n/a) to make decisions on definition of candidates which are recommended for implementation by the President and for the President"
KDAC Judge: – No, this is called fu*king Commission. And this process is fu*king called.
KDAC Head: – Look, but cases are a little different here. "Who are recommended for the implementation by the President of Ukraine, the appointment of members to the High Council". "Who are recommended for implementation to the President of Ukraine".
KDAC Judge: – I wrote it from provision as it was written. Rather, I took it as he had written.
KDAC Head: – It's a pity, of course, that we will persecute Vasilenko a little (one of winners of the competition to the HCJ - note), but we will play the fool now. He didn't ask us, did he? – No, he didn't. Right? (incomprehensible) Didn’t he ask? He didn't. Say: "Where were you before?"
Visitor: – Why Vasylenko?
KDAC Head: – He is one of candidates.
KDAC Judge: – Not a big deal.
KDAC Head: – The second is Krasovskyi. Therefore, as they say, killing (incomprehensible), but what to do?
KDAC Head: – And where? (n/a) Motives. You indicated that he had violated rights in motives. You did not indicate what was violated.
KDAC Judge: – And I did not write about principles (n/a) He did not argue obvious illegality of the decision. He simply wrote that it would be impossible to protect and restore rights.
KDAC Head: – Let’s put at least one paragraph that the court has no other option how to accept its arguments regarding violation of the procedure.
KDAC Judge: – I’ve just did it (interrupts)
KDAC Head: – Where? The fact that youэму highlighted to me, (1 word) absent.
KDAC Judge: – You haven't read that, have you? Or have you read it?
KDAC Head: – But you've did it in the narrative, right?
KDAC judge – Yes. You read that (n/a) Just so you understand, he wrote the lawsuit like that, rewrote three lines, wrote in the end to provide. Didn’t rely on obvious illegality. Well, that means (n/a) And read his arguments. Well, I'm telling you, they are just like that.
KDAC Judge:– That's it. I'm reporting Pasha. I signed everything. Pasha.
KDAC Head: – Just a moment. Yes? Have you already put the stamp?
KDAC Judge: – Well, I signed everything, and gave it to Oksana. Everything into the base. I gave everything.
KDAC Head: – (speaks on the phone) Hello, hello. Well, look. In theory, it is possible to file it with lawyer's services. That is one. The lawyer would have the official copy now. He would file it. Would go to Bankova, to the office, and would file it. Here. It would started to be executed, and he would hand it to opening the enforcement proceeding. In theory. = Well, I understand. But look, I explain how to do it. You decide how to do it. Say that everything is there, and it must be filed correctly. We will send it to the media, send it to the register. That’s not a problem. But it must be filed correctly. Do you understand?
Later, the Court of Appeal cancelled this decision.
Seizure of power in the High Qualifications Commission of Judges of Ukraine
The KDAC Head talks about his intention to seize power in this body in the conversation with "his" candidate to the High Qualifications Commission of Judges of Ukraine (HQCJ).
March 13, 2019
KDAC Head: But let's start with the fact that you should think not only about your membership, but about normal one, about the possibility of seizing power, because Denisova (Parliament Commissioner for Human Rights', which delegates her candidates to the HQCJ - note) once let it drop, don’t stop, fu*k. She should announce the second vacancy!
Candidate to members of the HQCJ: – There is onу "dumba*s" for Denisova regarding second option?
KDAC Head: – The original of the complaint has been filed yesterday already.
Candidate to members of the HQCJ: – Well. Is your man doing something?
KDAC Head: – I gave him the copy too. Here, I give you to read it. Here is the algorithm of actions. Signed complaint was filed yesterday. It was registered.
Candidate to members of the HQCJ: – Well, it will be better for her that it all goes legally. Not only.
KDAC Head: – Let's just say that she is either friends with us, and we help her, or she is fu*king useless. That's all.
Candidate to members of the HQCJ: – Ok.
KDAC Head: – There are results, we protect.
Candidate to members of the HQCJ: – Well, Denisova will be pissed.
KDAC Head: – Pissed or not. That is not the question. If she wants to win the trial regarding the decision of the NACP, come to me, please! Where will her actions be appealed? – At our place.
Candidate to members of the HQCJ: – Ok.
KDAC Head: – The Minister protects her. What is the problem? What does she want? Will Filatov (Former Deputy Head of the AP – note) help her with something? – Nothing already, that's it. That's the question.
Candidate to members of the HQCJ: – No, nothing.
KDAC Head: – Here is the second vacancy. And the third vacancy that Kholodnyuk should give us if he announces competition. Then we allegedly have fresh blood, and then we can punch hard.
KDAC Head: – That is the task for us. The second vacancy, that’s one. SJA, that’s two. And it turns out that we have three people. In fact, that's enough to knock out and seize power there.
KDAC judges discuss possible participation of the KDAC Head in early elections to the Verkhovna Rada of Ukraine.
July 22, 2019
KDAC Judge: Pasha, what will we do? How will we seize power?
KDAC Head: The main thing is not to lose it, Igor.
KDAC Judge: You understand that the one who stands still is the one who loses. We must move somewhere.
M: And why did you tell Pasha to go.
KDAC Judge: And I spoke about judiciary. He doesn’t fu*king need the legislative power. I am for any scandalous situation in the judicial branch of power.
KDAC Head: Make draft laws. We must impose our own agenda.
EPISODE IV: INTERFERENCE OF THE KDAC HEAD IN ACTIVITIES OF OTHER AUTHORITIES
In addition to contract decisions, the KDAC Head used his official position and wide range of connections to interfere in activities of other state agencies and seize power at all levels of judiciary.
Facts of influence of the KDAC Head on judges of the Constitutional Court of Ukraine, the Supreme Court, Sixth Administrative Court of Appeal, members of the High Council of Justice, the HQCJ, officials of the NACP, the State Bureau of Investigation, other central state bodies, ministries and law enforcement agencies have been recorded.
Influence on the Constitutional Court of Ukraine
The KDAC Head systematically made influence on judges of the Constitutional Court of Ukraine in order to resolve both his own issues and "orders" of other persons who appealed to the head of the court.
In particular, on February 26, 2019, the Constitutional Court of Ukraine made the decision to declare the article 368-2 of the Criminal Code of Ukraine (“Illicit Enrichment”) unconstitutional.
It should be noted that the NABU Detectives investigated facts as of illicit enrichment of the KDAC Head and his Deputy. However, after the article was declared unconstitutional, the case was forcibly terminated. At the same time, the KDAC Head boasted judges at his "request" made such decision.
February 20, 2019
KDAC Head: – Look, our Constitutional Court is (n/a), we work closely with it.
W: – (interrupts.) I am not saying that it will happen straight away.
KDAC Head: – Look, we work closely with them. With all (n/a). I cannot tell you everything, I work closely on all issues. So, you don’t have to do anything. Just so many processes are ongoing, and while we are doing this, at least something will work.
W: – Ok.
February 26, 2019
KDAC Judge: – Butusov (editor-in-chief of one of Ukrainian media - note) wrote that according to journalists, judges of the Constitutional Court made the decision with two "against" votes.
KDAC Head: – I can say that there were 14 «positive» votes. The speaker was against, exactly, so.
KDAC Judge: – And Viktor Vasilyevich (probably referring to the judge of the CCU - note) was against?
KDAC Head: – No, Viktor Vasilyevich was totally "positive", because I mean something to him.
KDAC Deputy Head: – Because you did some bullsh*t for him again, fu*k.
KDAC Head: – We need to move them all a little bit. They will move slowly themselves. And in general, I feel that if next President does not cancel this reform, such sh*t will be as it is, then I will go to the Constitutional Court, it’s more interesting for me, I already feel that there it is (laughs). And then we will come, explain the position of the legislation regarding administrative courts, Amelekhin (KDAC Judge - note) will make justification, and then it depends on Lesha, as authorized person, how to shake the Constitutional Court.
KDAC Deputy Head: – How will you work there with the salary 10.000 USD? (laughts together)
KDAC Head: Great.
KDAC Deputy Head: – Can they scr*w you?
KDAC Head: – No, I have been dealing with this issue for a long time.
KDAC Deputy Head: – Krivenko (referring to the judge of the CCU) told me: “We will recognize unconstitutional. And are relatives questioned, fu*k?!". I say: "No, fu*k, they are questioned regarding the criminal case". "Don't they accept explanations?" I say: "No, they fu*king question them under the protocol" - "Fu*k, how did this happen!"
KDAC Deputy Head: – Chief, did you press through all the Members of Parliament? Put pressure in fact.
KDAC Head: – On whom?
KDAC Deputy Head: – On judges of the CCU. They can open the case against you now. Well, formally, to show their work (laughs).
February 27, 2019
KDAC Head: – Well, in any case, you remember yourself the principle: the article is implemented.
KDAC Judge: – Everything resets to zero. We must bring everything out of shadows (laughs).
KDAC Head: – I think that you can suddenly submit in the declaration with Ablov what you said long ago, that you have a million dollars of payments and shares? Since childhood, mother gave you the present (laughs).
KDAC Judge: – Mother, mother. The main thing is that the mother bought.
KDAC Judge: – Oh yes.
KDAC Judge: – Back in 1975, when you didn't know what Apple was.
KDAC Judge: – When, when it might not have been called that way. No, Coca-Cola. Coca-Cola shares.
KDAC Judge: – That bees were born in the house, golden, fu*k, moreover.
KDAC Judge: – And the mother bee gave seven, seven at once.
March 07, 2019
KDAC Head: – By our joint efforts, in the struggle for common justice, the decision was made on illicit enrichment, on recognition as unconstitutional. Therefore, it is possible for you to buy whatever you want. The question of integrity remains open (laughs).
KDAC Judge: – And the question remains, Pasha, regarding something else. In this, legalization.
The KDAC Head also states that he resolves issues in the CCU regarding recognition of the law on dismissal of judges as unconstitutional if they do not pass the qualification assessment in the HQCJ.
It should be noted that the KDAC Head and his judges had similar concerns. It is also stated that formal initiator of filing the lawsuit to the CCU is the judge of the High Administrative Court of Ukraine, whose case is being heard by the High Anti-Corruption Court regarding submission of false data to e-declarations.
February 26, 2019
Judge of the Supreme Court of Ukraine: – And I say: “What are you doing? The only profession in our country where the ground for dismissal is provided directly in the constitution is the profession of the judge".
KDAC Head: – There is something to complain about regarding assessment. We help Golyashkin (referring to the judge of the HACC - note). We suggest, what moments, because I talked with Viktor Vasilyevich (probably referring to the judge of the Constitutional Court of Ukraine - note), and he says: "We (n/a)".
Judge of the Supreme Court of Ukraine: – (interrupts) I realized that Golyashkin was not by himself.
KDAC Head: – Yes. But he definitely didn't care about this question (laughs).
The KDAC Head states that he deals with the issue of declaring the Law of Ukraine "On Purification of Power" (with the help of which the lustration of officials during the time of the President of Ukraine Yanukovych V.F. was conducted) unconstitutional in the Constitutional Court of Ukraine.
May 23, 2019
KDAC Head: – And don't you want to run for the member of the HQCJ from the Congress of Scientists? At that moment when we "break down" the law on lustration. Well, because I can see the layout now, there is a spot.
KDAC Head: – Look, well, let's not do it. We cannot "break" everything. Now in the Constitutional Court "at the end of the process", if we "finish it", the law on lustration.
June 06, 2019
KDAC Head: – You should have sent it to the Constitutional Court someday, I would have already made all decisions there. "Old farts" go to each other, drink vodka. And this one, like...
The KDAC Head boasts to judges that he has full control over the Constitutional Court and the court he heads. Suvorovskyi District Court of Odessa, whose judge made the decision regarding the High Qualification Commission of Judges of Ukraine by order of the KDAC Head in May 2019, is also mentioned.
May 29, 2019
KDAC Head: We already own two courts. Namely, the Constitutional Court and District Administrative Court.
KDAC Deputy Head: – And Suvorovskyi, yes, too? (laughs).
KDAC Head: – It’s like, Suvorovskyi wants to sign up for the third (laughs).
In addition, we should mention that the head and judges of the KDAC were given notices of suspicion that they had made knowingly unjust decisions according to the article 375 of the Criminal Code of Ukraine in August 2019. At the same time, the decision of the CCU as of June 11, 2020, declared this norm of the criminal law unconstitutional, which in fact makes it impossible to bring the KDAC judges to justice for their actions.
At the same time, the lawsuit regarding unconstitutionality of this article, which has existed in the Criminal Code of Ukraine since its adoption in 2001, appeared in November 2019, few months after the NABU Detectives gave notices of suspicion to Head and judges of KDAC. Among authors of the constitutional lawsuit were visitors of the office of the KDAC Head and another person close to him.
Decision regarding the Central Election Commission
In 2019, the Sixth Administrative Court of Appeal received the lawsuit on appealing the Central Election Commission's explanation regarding the remuneration of campaign participants at the presidential elections in Ukraine. In telephone conversation with proxy of the candidate for President of Ukraine, the KDAC Head stated that he was ready to influence on judges to make necessary decision only in case of receiving improper advantage.
February 27, 2019
KDAC Head (speaks on the phone): – Hello, hello. Tell me, please, is there something dumb about this explanation? Are there interested parties who can come from outside and sponsor? Is there some dumb way of agitation or not? Oh! I got it. That means that the situation is still controversial in the context of the fact that you are trying to protect your volunteers there somehow, right? Can we pay money somehow? Look, why I’m asking. I do not give a damn. It's just that he is such a person that if there is interest, then he also, right away, so I can't call and say: "do it" and he did it, well, he is (incomprehensible). You understand. That means that he will go all over. Therefore, I must understand if there is any interest among interested politicians who can sponsor it or not?
Influence on officials of the National Agency on Corruption Prevention
In early 2019, the KDAC Head in telephone conversation with former employee of the NACP discusses the commercial solution of issue regarding the protocol on administrative offense related to corruption, which is planned to be made against one of the Members of Parliament of Ukraine (who is currently accused of the criminal proceedings investigated by NABU).
February 26, 2019
KDAC Head (speaks on the phone): – Look, look, what's the question? There, what his lawyer told me, they came up with some bulsh*t. Give the certificate, we will “digitize” it (probably referring to determine the price of the question - note), And we will not play around, and will decide everything. That's right, well, so he is (indistinctly). No, I know that, there is nothing, there is no judicial perspective. The question is, why should we temporize? Give your vision, the certificate as you see. So look, he will come, write normal explanation, that's it. Your specialist will sit down, think, say "sh*t, there is fuc*ing nothing" and that's all. Why should we temporize, frankly speaking? Look, look. I love to double-check everything. As he explained to me, for the fact that he signed the request for verification of the person, there is no conflict of interest, this is some kind of sh*t, you know? This is not the question if there is question there, let's just agree that he will come and write explanation, his lawyer, you will read, think and say: “we changed our mind, there is no ground, and that's all”. Let's "digitize" this concept, and that's all.
KDAC Head (speaks on the phone): Hello. Hello. As for Borya. You wrote to postpone it, for what time? Thursday? Write to postpone from Thursday for another week. This is the first thing. And I, in fact, talked about it, as we talked with you about. There is understanding, the only thing, let's say, for instance, 30, here, 10 are ours, and then we'll give it more and decide everything. Yes, you talk about it, agree, take it, that’s first. The second thing, you need to write explanation that (n/a). No, you don't need to write explanation. Ask for time out for a week. That's it, and we are waiting, waiting, when you agree with people, then I'll talk to him that we have everything, everything, and we can close it.
KDAC Head (speaks on the phone): The person heard, conditions are suitable. He says the only thing is that we will conduct our procedures on this issue two or three times. So, that's why he asked when the first is confirmed, well, we say yes, yes. "And then he says, I will tell you clearly, for instance, when (n/a)." I understand, well, take it away, because these cheap as*es will fuc*ing lost something tomorrow, I'll become whipping boy again (n/a). Take it, let it be with you. Call and tell that you have it and then (technical failure). Tomorrow, there will be no point, I sent the certificate.
Creation of obstacles in appointing "disloyal persons" to the Supreme Court
The KDAC Head also decided to prevent the appointment of disloyal to him former Head and one of the members of the High Council of Justice to the position of judges of the Supreme Court.
He planned to block voting for them at the meeting of the HCJ, in particular by seeking "negative" votes and obtaining "contract" conclusion from the NACP on existence of conflict of interest in actions of the chairman of the Supreme Court and members of the HCJ who take part in the competition.
March 11, 2019
KDAC Head (talking on the phone, probably with member of the HCJ): – Hello. Gain strength there, tomorrow you will come, so to speak, with the competitive spirit. Think about it, do you know what people are talking about now? And it seems to me that you need to really use this moment. What if that due to the fact that four people won the competition to the HCJ and now will not be able to take part in the consideration of the issue in the Supreme Court. How much do you need there? Fourteen voices, right? Yes, they said that if Grechkovskyi (referring to member of the HCJ – note) builds up coalition there, then everyone should go cap in hand to him. The fact that such problem was raised by Benedisyuk (former chairman of the HCJ - note). He says that we were caught that we had serious problem. It is enough for Grechkovskyi to collect three or four votes there, and in fact it is necessary to agree with them who won.
KDAC Head (talking on the phone, probably with member of the HCJ): – And look, yes, look, that means you really need to collect some voices and make sure that no one is allowed to fuc*ing pass through until the question is agreed with you. There are a lot of fools and plus (n/a). Well, Benedisyuk is worried about this, about Arthur (referring to former deputy chairman of the Supreme Economic Court of Ukraine - note), do you understand? About Arthur. Well, in the context of the fact that he fuc*ed Arthur, well, that’s not quite right and now can get such response that he will not get into the Supreme Court. And he is very nervous, very nervous. I’m saying it so that you understand: at the competition to the Supreme Court, Filatov (referring to former deputy chairman of the Administration of the President of Ukraine - note) he cheated Kononenko-Granovskyi regarding many issues and so on. Therefore, what I mean is that if you knock out several people and maybe stop here and there ...
The KDAC Head spoke on telephone about need to "buy" from the NACP the conclusion regarding existence of conflict of interests in actions of the HCJ Head and the Head of the Supreme Court regarding voting for candidates to the Supreme Court.
KDAC Head (speaks on the phone): – I told him so that “you say, we are for each paper, but look, we speak only for the paper regarding“ Benya ...” (probably referring to former chairman of the HCJ - note) and paper regarding "Danya ..." (probably referring to the chairman of the Supreme Court - note), well, you understand, right? So I say, let's give 10 rubles each. But Pasha immediately said, he does not take part in it, so you take part in one, and I take part in another. Well, that’s approximately. I just didn’t even study it because there was no time. We only discussed your strategy here. No, you do not understand, we will bring down everything that will be necessary, but we plan to actually take the paper in this Agency (meaning the NACP - note), at least regarding these two. Here, and he went to speak. Okey, as soon as there are some results. Yeah, go ahead.
The KDAC Head speaks on telephone about measures to counter the appointment of members of the HCJ, who are disloyal to him, to the Supreme Court. During the conversation, KDAC Head mentions the lawsuit filed against Head of the Supreme Court, which he personally considers. The lawsuit concerns the ban to the chairman of the Supreme Court to participate in meetings of the HCJ regarding the appointment of future judges of the Supreme Court.
March 18, 2019
KDAC Head (speaks on the phone): – Look, in fact, I'm interested in "D" (probably referring to the chairman of the Supreme Court - note). Let me explain why. Because if "D" is knocked out, they have opportunity to play (n/a), to nail someone, you know? As for "G" (probably referring to former member of the HCJ) and "B" (probably referring to former chairman of the HCJ) they have conflict, because of what they have already done. And as for "D" I want her not to take part in voting tomorrow (meaning voting for candidates for the Supreme Court at the meeting of the HCJ - note) That means, in fact, I was most interested in her, well, in this matter. Because, look, "B" and "G" is just to sh*t them, in order to catch them later. But they won't take part tomorrow, do you understand? What if this one will be frightened, for instance, of our lawsuit (meaning the lawsuit which is considered personally by KDAC chairman - note) and this situation will move aside?
March 19, 2019
KDAC Head: – I wonder how things are going at the HCJ? Because they consider it there. The court is there, I opened the proceeding against Danishevska (probably referring to the chairman of the Supreme Court - note), here, and the NACP seemed to had found “signs of conflict of interests in her actions”. She wanted to take part, now she does not take part, it seems that there is ... Kiva (probably referring to the Member of Parliament - note) arrived.
In 2018, the HCJ opened the disciplinary proceeding against the Deputy Head of the KDAC as of violating rules of judicial ethics and committing conduct that defames the title of the judge. The desire of the KDAC Deputy Head to avoid disciplinary responsibility and feeling of absolute impunity led to the fact that to in order to disrupt the meeting of the Disciplinary Chamber of the HCJ, April 08, 2019, which considered the dismissal of the KDAC Deputy Head, he together with the KDAC Head allegedly organized "mining" of the building of the HCJ.
March 26, 2019
Attorney: – Well, until 8, there are three weeks. We need to hire activists who will call and say that the HCJ is mined.
KDAC Deputy Head: – I mean, three weeks?
Attorney: – Well, there is one judge of Solomyanskyi court, what’s her name, starts with the "K". When her case is considered, the HCJ is constantly being mined.
KDAC Deputy Head: – Well, okay, let's decide. There is another very important question for me. 8, there is fu*king a lot of time until 8. What about the 5th? (laughs) 8th, I fu*k (2 words whispering) call back that Rada is mined?
KDAC Judge: – Don't say because it's unconstitutional.
The KDAC Head says that he plans to meet with the head of Kyiv police to help disrupt meeting of the HCJ due to "mining".
April 04, 2019
KDAC Deputy Head: – Do you have a meeting? I have some business at nine tomorrow.
KDAC Head: – And I have a meeting with the police chief at 11 a.m.
KDAC Judge: – Oh, fu*k with Kryshchenko (head of the Main Department of the National Police in Kyiv - note)? Well, can you change?
KDAC Head: – With Andrey Yevgenievich, yes.
KDAC Judge: – Well, he is fu*king drunkard.
KDAC Head: – Well, drunkard or not, he must react correctly to certain miners.
KDAC Deputy Head: – Ahh, if they call.
KDAC Judge: – There, I think, fu*k, okay.
KDAC Deputy Head: – They can call Benedisyuk (chairman of the HCJ - note) and say: "Hello, what are you f*cking doing there?"
KDAC Head: – No, he is already. Today I’ve visited “your friends”.
KDAC Deputy Head: – Fu*k, my friends.
KDAC Judge: – «Backpacks».
KDAC Head: – They say “How is it? He is our friend. We must save him!"
KDAC Deputy Head: – Well, it would be good idea, fu*k (laughs).
The KDAC Head in conversation with his deputy said that "mining" of building of the HCJ did not work, and therefore, the meeting took place on April 8, 2019. At this meeting, the Disciplinary Chamber of the HCJ made the decision to dismiss the KDAC Deputy Head.
April 08, 2019
KDAC Head (speaks on the phone probably with his deputy - note): I do not understand whom should I call? All done! Well, nobody, didn’t want to go out. Yes, they didn’t let them go out from that one, they didn’t let them out from the other, she (probably referring to member of the HCJ - the rapporteur in the case against KDAC judge – note) said: “Fu*k you all, I’m going to work”.
Episode V: "Special" status of KDAC and judges
On March 13, 2019, the KDAC Deputy Head celebrated his birthday in one of restaurants in Kyiv. Journalists of the program "Slidstvo-Info" highlighted this event in their report. Taking into account that many famous people came to the celebration, including subjects of cases considered by the KDAC, the Head and judges of the KDAC were concerned. They wanted to check the telephone traffic of the journalist who was preparing the story through their contacts in other law enforcement agencies. Moreover, the investigation of institution from recorded conversations shows that judges were given the check with reduced cost of the banquet.
March 14, 2019
KDAC Judge: – Well, as for checks, if they officially registered checks, then checks. (speak at the same time). If they registered checks through the cashier, then they will be shown in the tax office. It is all registered.
KDAC Head: – No, well, I see. Well, in any case they are I must ask how much did you officially show for yourself yesterday?
KDAC Deputy Head: – So they gave me a check.
KDAC Head: – That's all.
KDAC Deputy Head: – 15.700.
March 21, 2019
KDAC Deputy Head: – By the way, as for this young lady, well, she has a phone, everything is on the website, right? Well, I don’t think anybody, fu*k, that she has two phones, well this one. Well, this is the same young lady, in «Slidstvo-info», the journalist. Well, I don't think she has two phone numbers, like we do, out there.
KDAC Head: - Pfff, well, who (incomprehensible), even though your phone was wiretapped? But this is not serious solely judging by ...
KDAC Deputy Head: – No, I think in 5 days someone can just look there.
KDAC Head: – Well, yes. Give me the phone number. Send me text message. “You can find out location and traffic with whom and what. Location, connection traffic". Do you hear me? Can you send message? "We need traffic, location, connection traffic, location, on the mobile number from this date till that day". Make it for one day.
KDAC Deputy Head: – Yes. You can do it on the birthday. To make sure she was near the restaurant. And from this phone number.
KDAC Head: – Send me a message and we’ll see with whom she is.
KDAC Head (speaks on the phone): – Well, Sasha, will you help us you know what with? We will send you message now with the phone number. In a week we’ll see traffic, connection traffic. Maybe we can figure out who squealed. Well, just interesting.
The KDAC Deputy Head mentions the investigative judge who made court decisions in the criminal proceeding investigated by the NABU regarding facts of illicit enrichment of KDAC deputy chairman.
February 15, 2019
KDAC Deputy Head: – Fu*king deceased judge. Fu*king doucheb*g. May God never let him rest.
KDAC Judge: – Whom are you talking about?
KDAC Deputy Head: – Drug-user.
KDAC Judge: – It is necessary to forgive people.
KDAC Deputy Head: – Yes. Fu*k him.
KDAC Judge: – It is a holiday today.
(KDAC Deputy Head says the name of the deceased judge)
KDAC Judge: – What you say comes back to you.
KDAC Deputy Head: – O’key. Keep on forgiving.
KDAC Judge: – No, I'm not saying forgive, I say wrong.
KDAC Deputy Head: – The holiday every day, and the God sees me. And you take candles with one hand, and with the other hand you take the last money from people.
KDAC judges have repeatedly boasted about "special status" of their court.
March 11, 2019
KDAC Head: – I had such thought. I had such thought. But then I wouldn't have done a lot of things. I mean I also have some tasks. It was interesting for me to show that let's say we can be unique. Well, why aren't we unique? We are the only court that survived them all during fu*king 5 years. Unliquidated, unreformed, unvalued.
KDAC Judge: – Dishonest.
KDAC Head: – Fu*k them all.
KDAC Judge: – Let’s bare our teeth. Fu*k.
March 12, 2019
KDAC Judge: – But the most reliable, like the Kalashnikov gun, is District Administrative Court.
Visitor of the office of KDAC Head: – Yes.
KDAC Judge: – Let's hope that it survived not only all these powers but will survive 15 more.
The NABU Detectives conduct investigative actions at the place of work and residence of both judges of the KDAC and other members of the criminal organization. These audio recordings are only part of large amount of information.
Officials of the judiciary, the High Council of Justice, the State Judicial Administration of Ukraine, Members of Parliament of Ukraine, heads of central state authorities and other law enforcement agencies are subjects of the proceeding.
Відео у кращій якості тут: https://fex.net/ru/s/yzpspok
Публікації за темою: https://nabu.gov.ua/tags/oask