Head of the Kyiv District Administrative Court and three judges were given notices of suspicion

02.08.2019 00:00

On August 2, 2019, the Deputy Prosecutor General of Ukraine gave notices of suspicion to the Head of the Kyiv District Administrative Court (KDAC), his Deputy, the judge of the KDAC, and the judge of the Suvorovsky District Court of Odesa.

The notices of suspicion were given in the framework of criminal proceeding, investigated by the Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) jointly with the officers of the Special Investigation Department of the Prosecutor General`s Office of Ukraine (PGO) and the Security Service of Ukraine (SSU).

The abovementioned persons are suspected of committing the following crimes:

  • the Head of the KDAC — Part 3 Article 27, Article 351-2 (Interference with activity of the High Council of Justice, the High Qualifications Commission of Judges of Ukraine), Part 3 Article 27, Part 2 Article 375 (Delivery of a knowingly unfair sentence, judgment, ruling or order by a judge (or judges)), Part 2 Article 376 (Interference with activity of judicial authorities) of the Criminal Code of Ukraine;
  • the Deputy Head of the KDAC — Part 5 Article 27, Article 351-2 (Assisting in interference with activity of the High Council of Justice, the High Qualifications Commission of Judges of Ukraine), Part 2 Article 376 of the Criminal Code of Ukraine;
  • the judge of the KDAC — Article 351-2, Part 2 Article 375 of the Criminal Code of Ukraine;
  • the judge of the Suvorovsky District Court of Odesa — Article 351-2, Part 2 Article 375 of the Criminal Code of Ukraine.

According to the investigation, the Head, his Deputy and the judge of the KDAC 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 judge of the Suvorovsky District Court of Odesa also made a deliberately unjust decision, which forbade the HQCJ members to assess judges. Subsequently, the Odesa Court of Appeal overturned the decision as illegal. In other circumstances, it would actually had made the work of the HQCJ impossible.

It should be reminded that on July 26, 2019, the NABU Detectives jointly with investigators of the Special Investigation Department of the PGO conducted a series of searches in the premises of the KDAC and the Suvorovsky District Court of Odesa. The searches were conducted in the framework of investigation of criminal offenses allegedly committed by Head and the KDAC judges. That day the Special Investigation Department of the PGO sent the draft notices of suspicion to the Deputy Prosecutor General of Ukraine for signing.

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.