Today, on January 17, the Grand Chamber of the Supreme Court examined the complaint of the judge-accuser Larysa Golnyk on…
43 corrupts to the Supreme Anti-Corruption Court – Analysis of the Movement CHESNO
Every third candidate to the Supreme Anti-Corruption Court is corrupt. These are the results of the analysis CHESNO.Filter the court!, presented on November 29. CHESNO detected the violation of the integrity criteria in 43 candidates to the High Anti-Corruption Court and the Appeals Chamber of the Supreme Anti-Corruption Court. Analytical references of all candidates for the Supreme Anti-Corruption Court (SACC) and the Appeals Chamber of the Supreme Anti-Corruption Court are published on the website of CHESNO.Filter the court! Campaign.
28 corrupt candidates compete for positions at the Supreme Anti-Corruption Court, and most of them (23 corrupt candidates) are acting judges and 5 lawyers. The other 15 corrupt candidates are appealing to the Appeals Chamber of the Supreme Anti-Corruption Court. Among them are 9 judges, 3 lawyers and 3 scholars.
We recall that only 156 candidates (108 candidates for the Supreme Anti-Corruption Court and 48 candidates for the Appeals Chamber of SACC) continue to participate in the contest after passing the law knowledge test. 28% of them according to the methodology CHESNO.Filter the court! are corrupt, that is, they violated at least one criterion of integrity. CHESNO defines by such criteria non-participation in corruption or criminal offenses, non-participation in the adoption of doubtful decisions, compliance with the lifestyle of declared income and transparency of wealth, non-involvement in violations of human rights and adherence to professional ethics.
Thus, Andrii Iakovenko, judge of Kolomatsky Regional Court of Kharkiv Oblast, who is himself accused of a probable bribe for his positive decision, is being applying for position in the Supreme Anti-Corruption Court. Judge Iakovenko is the only candidate among those who have been involved in corruption.
Instead, 28 candidates to the SACC and the Appeals Chamber were noted with the lack of transparency of wealth, which, in particular, manifests itself in incomplete or inaccurate declaring of property or inconsistency in the lifestyle of declared income. So, lawyer Serhii Rykov in the property declaration did not mention any income for 2017. At the same time, he does not have any savings and no family members with income. Instead, an candidate for SACC owns an apartment, a dwelling house, the maintenance of which requires costs.
Ten judges from among the judges adopted dubious decisions, which were recorded in the analytical references of CHENO.Filter the court! Thus, Iurii Burbela, the candidate for the SACC Appeals Chamber, judge of Kyiv-Svyatoshin District Court of Kyiv oblast, in January 2014 condemned Volodymyr Shpara, Igor Mosiichuk and Serhii Bevz to a 6-year imprisonment on charges of allegedly preparing for a terrorist act that was manifested in preparation for undermining Lenin monument to in Boryspil. However, the same winter they were released after the adoption of the law on the amnesty and rehabilitation of political prisoners. The candidate for the Supreme Anti-Corruption Court, Ievgen Iangol, the judge of Zarichnyi District Court of Sumy, refused to comply with the prosecutor’s request to select detention in custody as a preventive measure against Viacheslav Stepchenko, a member of the Sumy City Council, who is accused of allegedly receiving a bribe of 4,500 USD. Subsequently, the judge’s decision was canceled by the Court of Appeal of Sumy Oblast, because Iangol’s findings did not meet the requirements of the criminal procedural law.
Inna Bilous, the judge of Ternopil Regional Administrative Court, who claims to be a judge of the Supreme Anti-Corruption Court, in December 2013, by her decision, banned the holding of peaceful gatherings to a number of organizations near the state institutions in Ternopil. Later, the judge’s decision was cancelled by Lviv Administrative Court of Appeal, which stated that there was no proper evidence of a real danger of disturbances and crimes that should have been the basis for limiting the right to peaceful assembly, and also indicated the unlawfulness of such a restriction on an uncertain circle of persons. And judge Inna Bilous herself did not mention in 2016 declaration of integrity the decision to ban the peaceful assembly during the Revolution of Dignity, which she obliges to do under the law.
The former contenders for positions in the Supreme Court, who received negative conclusions from the Public Council of Integrity also apply for Supreme Anti-Corruption Court. So, the conclusion of the Public Council of Integrity regarding Petro Burda the judge of the Petropavlivsk Regional court of Dnipropetrovsk oblast, mentions that Peter Petro Burda indicated that he was not drawn to disciplinary responsibility in the questionnaire from the dossier of the judge. However, in 2007, the Supreme Council of Justice submitted a motion to the Verkhovna Rada of Ukraine on the dismissal of Burda P.O. from the position of judge of Petropavlivsk Regional court of Dnipropetrovsk oblast for violation of the oath of a judge. By a decision of the Verkhovna Rada, the judge was dismissed, however, in 2012, this dismissal was canceled and the judge reinstated in office.
More information about all the candidates for the positions of judges of the Supreme Anti-Corruption Court can be found in the references on the website of CHESNO.Filter the court! chesnosud.org. At the same time, in CHESNO.Filter the court! announced a presentation in the near future of the analytical references and on candidates for the Supreme Court.