Four new members were elected to the Supreme Council of Justice. Three are dishonest
The XVI Extraordinary Congress of Judges of Ukraine determined the nomination of four new representatives in the Supreme Council of…
The XVI Extraordinary Congress of Judges of Ukraine determined the nomination of four new representatives in the Supreme Council of Justice. Three out of four, according to the methodology of CHESNO.Filter the court! are dishonest.
Nataliia Krasnoshchokova, Judge of the Donetsk Court of Appeal
Ivanova Larysa Bronislavivna, Judge of the Economic Court of Kyiv
Prudyvus Oleg Vasylovych, Chairman of the Zaporizhzhya Regional Administrative Court
Shelest Svitlana Bogdanovna, Judge of the Sixth Administrative Court of Appeal
According to the of CHESNO.Filter the court!, three out of four elected members of the HCJ are dishonest.
Thus, Shelest Svitlana Bogdanovna, Judge of the Sixth Administrative Court of Appeal violated the following criteria of integrity – involvement in the adoption of doubtful decisions and opacity of wealth.
Judge Shelest chaired a panel of judges, who left the appeal complaint against the decision of the District Administrative Court of Kyiv without satisfaction and confirmed the legitimacy of the decision of Kyiv City Council in connection with the transfer of the estate and house of the Ukrainian artist V.D. Orlovskyi, as well as a memorial house, where the Ukrainian artist M.K. Pymonenko lived, whic is located in the center of Kyiv, to the ownership of “Foundation for Development of Construction Initiatives”, LLC. According to the author of the article on the portal “Livii Bereh”, during the consideration of the case, it was not taken into account that these buildings were registered and taken under the state protection as historical and cultural monuments by the decisions of the executive committee of the Kyiv City Council in 1970 and 1984.
Judge Shelest was a member of the board which satisfied the appeal of the representative of the Party of Regions and recognized as illegal the actions of the station election commission to prevent the official observer enter the building for voting at the elections of people’s deputies of Ukraine in 2012 in the single-member electoral district No.94. This decision became the basis for the cancellation of the voting of 1253 citizens who committed their will in elections of people’s deputies in the single-member electoral district No. 94. According to a report of the OSCE’s Office of Democratic Institutions and Human Rights, in the electoral district No. 94 Oblast Electoral Commission cancelled the results of the voting at 27 polling stations, which received a total of 31,205 votes in the national and single-mandate electoral districts. The reason for the cancellation of the results of voting at each of these polling stations was the restriction of the rights of observers of the candidate from the Party of Regions during the counting of votes. As a result, the candidate from the United Opposition – “Batkivshchyna” lost about 6,500 votes and the candidate of the Party of Regions won the first place. According to OPORA, such an outcome was made possible by the actions of politically engaged OEC, unlawful interference by law enforcement agencies and controversial court decisions.
Also, according to the publication ofBihus.info, judge Shelest in January 2015 became the owner of a three-room apartment in Kyiv, the market value of which, according to journalists, is from 20 to 50 million hryvnias, which was given to the judge. In 2015, according to the declaration, the judge received three gifts in non-monetary form for a total amount of 2 million 833 thousand 163 UAH from relatives. Explanation by Judge Shelest S.B.
The chairman of Zaporizhia Regional Administrative Court, Prudyvus Oleg Vasylovych, violated the criterion of “involvement in the adoption of doubtful decisions”. Oleg Prudyvus is a judge of the Maidan, by his decision he banned the peaceful protest action at the Zaporizhzhya Prosecutor’s Office during the Revolution of Dignity. According to the registry of court decisions, in January 2014 judge Prudyvus Oleg Vasylovych adopted a resolution prohibiting Zaporizhzhya City Youth Non-Governmental Organization “Peresvit” Center for Patriotic Education of Youth carrying out meetings, rallies, pickets, campaigns and demonstrations on January 21, 2014 near the building of the prosecutor’s office of Zaporizhzhya oblast. Thus, citizens were restricted to implement their right to peaceful meeting. However, in 2016, the Supreme Council of Justice refused to open a disciplinary case against him on the basis of the above-mentioned decision.
According to Dzerkalo Tyzhnya, Judge Protasov, as a member of the panel, adopted a decision that dismiss a charge of the leader of Kharkiv separatists Iurii Apukhtin in public appeals to forcibly change of the constitutional system and seize the state power and he was released from custody in the courtroom. In March 2014, Apukhtin announced the creation of a “South-East” movement and said that the movement would require the creation of a South-Eastern federal republic, as well as giving the Russian language the status of a national one. Apuhtin repeatedly demonstrated his pro-Russian position at organized meetings. In April 2014, Iurii Apukhtin was arrested on suspicion of organizing mass riots, including the assault of Kharkiv Oblast State Administration, as well as calls for the establishment of “KhNR” and “Constitution of KhNR”. Subsequently, Iurii Apukhtin was transferred to the representatives of terrorist organizations as part of the exchange and return of the captured Ukrainian servicemen.
In the declarations for 2013 and 2014, the judge did not indicate an apartment in Kyiv, which he owns since 2012. However, in the declarations for 2015, 2016 and 2017 the apartment has already been mentioned.
Judge of Kyiv Economic Court Ivanova Larysa Bronislavivna, according to CHESNO.Filter the court! has five violations of the criterion “Failure to comply with professional ethics”, as well as two violations of the criterion “Inconsistency of life style with declared income and opacity of wealth”.
A former judge of the Kyiv Economic Court reported on interference with the administration of justice on the part of Judge Ivanova, who served as deputy chairman of the Economic Court of Kyiv in the period 2004-2010. The interference was allegedly made via to the brother’s wife of the complainant judge, who worked at Ivanova’s reception hall as an advisor.
During the consideration of a commercial dispute, the judge commented on the prospects of criminal proceedings, in which she did not take part, and approvingly expressed her position of defense in the criminal case.
Judge Ivanova repeatedly adopted the decisions in cases where NJSC Naftogaz of Ukraine appeared, where the judge’s son worked as a lawyer. According to the Public Council of Integrity, these circumstances indicate that the judge violates the principle of the impartial review of court cases.
Explaining the source of the funds for the purchase of a house in a closed cottage town, the judge referred to the fact that she and her husband worked in Siberia for 10 years. However, it is indicated in the judge’s file that she spent 4 years with her husband in the city of Irkutsk at the place of his service and in the subsequent 5 years lived with her husband in Germany, where he served in a group of Soviet troops. It is noted that Ivanova did not work in Germany.
According to the Public Council of Integrity, only according to the official data of the declarations, the Ivanov family spent in 9 years (from 2002 to 2011) on the purchase of real estate and valuable assets about 259 thousand dollars, which exceeds the amount of their official income for this period. Thus, according to the declaration for 2015, the judge owns an apartment of 46.7 square meters in Kyiv and an apartment of 73.1 square meters on common ownership. The judge’s husband is the owner of four apartments in the capital, a land plot in Stari Petrivtsy and three plots of land with a total area of 3000 square meters, in Kyiv, a land plot in the suburbs of Kyiv (Vita-Poshtova) with an area of 1200 square meters and a house with an area of 409 sq.m. in the city of Kyiv not put into operation. Also, the judge has a right to use the car HONDA CR-V, bought for her daughter, and her husband owns the car MITSUBISHI PAJERO 1999 year of release. In addition, Ivanova’s son, as noted in the conclusion of the Public Council of Integrity, in 2009 (at that time, he did not get a lawyer’s certificate and lived with his parents) bought a new Audi A-5.
According to the estimates of the Public Council of Integrity, the officially declared incomes of the Ivanov family is not enough to cover the costs of maintaining the declared property and foreign trips, which are mentioned in the conclusion of the Public Council of Integrity.
According to Oleg Tkachuk, the chairman of the Council of Judges of Ukraine, Oleg Prudyvus will assume the duties of the member of the HCJ on December 20, 2018, Nataliia Krasnoshchokova, Svitlana Shelest and Larysa Ivanova after the emergence of vacancy positions. In general, the HCJ includes 21 members, of which 10 representatives from the congress of judges. Members of the HCJ are elected for four years.
It is noteworthy that all the above judges duplicate the list, which was written by Kateryna Butko, an activist of the All-Ukrainian Public Organization “AvtoMaydan”, PROSUD project coordinator. According to the information given on the web-site Ukrainska Pravda, even before Congress information was spread about candidates to HCJ already agreed with the presidential administration.
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