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HOT ANTICORRUPTION NEWS / Issue #132
January 24, 2020
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Today's issue:
- the sabotage of Zelensky’s judicial reform;
- OASK restores notorious judge Vovk as its head;
- draft law granting incompetent candidates access to judiciary positions,
- update on top NABU cases of this week;
- developments in the investigation of Kateryna Handziuk's murder;
- national police persecute local activist from Kryvyi Rih;
- recommended reading
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The sabotage of Zelensky’s judicial reform
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In October 2019, Ukraine’s Parliament adopted a law that gave a start to President Volodymyr Zelensky’s judicial reform. The law regarded the reform of two judicial governance bodies: the complete relaunch of the High Qualification Commission of Judges (HQCJ) and cleansing the High Council of Justice (HCJ) from dishonest members.
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The law ensured the crucial role of international experts as a guarantee that this time the reform won’t be faked. As the law envisaged, the new HQCJ had to start operating by February 7, 2020. The Ethics Commission tasked with the integrity checks of HCJ members should have been created by this time too. As of the end of January, nothing of it is done and is not likely to be done. The reform stalled.
The only solution to move forward with the judicial reform is to adopt a new law that will unblock the reform implementation and limit the powers of the unreformed HCJ that sabotages the process. This is also a good chance for the President and the Parliament to address the issues in question raised by the Venice Commission in its recent opinion regarding Zelenskyi`s law. More about this in Halyna Chyzhyk's op-ed for KyivPost.
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OASK restores notorious judge Vovk as its head
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On January 21, the Kyiv Administrative District Court (OASK) restored Pavlo Vovk, a suspect in a high-profile obstruction of justice case, as its head. Vovk had been the court’s chairman since 2010. In August 2019, he temporarily stepped down and was replaced by Volodymyr Keleberda because of wiretapping scandal (so-called "Vovk's recording") confirming OASK's corrupt practices and attempts to obstruct the justice.
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Draft law granting incompetent candidates access to judiciary positions
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MPs want to fill vacant judicial positions with the outsiders of previous judicial competition. The relevant draft law No.2525 was registered by Servants of the People representatives in Parliament`s Committee on Legal Policy.
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The draft law suggests amending the Law "On the High Council of Justice" with the provisions that allow the High Qualification Commission of Judges to conduct a competition for the first instance court judges among those candidates who have not gained a minimum score at the qualification exam. That amendment contradicts the Law “On Judiciary and the Status of Judges” in part of the rules for judicial competitions and may lead to appointing judges who are not competent to uphold the positions.
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Update on top NABU cases of this week
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This week we have noticed several interesting developments in the cases investigated by NABU. On Monday, January 21, the ex-MP Mykytas was detained in the airport during the attempt to flee the country. Mykytas is suspected of embezzlement of approximately UAH 80 mln during the procurement of apartments for the personnel of the National Guard of Ukraine. Few months ago he was released on bail for the course of investigation.
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Also on January 21, HACC approved the decision to start the trial in absentia of the ex-MP Onyshchenko. He is suspected of large-scale embezzlement amounting UAH 3 bln during the sale of natural gas. Currently, Onyshchenko awaits extradition in Germany. The next court hearing is scheduled for May 4.
On January 23, NABU announced notifications of suspicion in the so-called "Zoloty Mandaryn" case. The case concerns embezzlement of UAH 54.2 mln. The case involves number high-profile suspects, including former deputy Minister of Justice Bernatska (Sevostianova). Also, SAPO's head Nazar Kholodnytskyi previously tried to temper with this investigation which was caught on wiretaps.
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Developments in the investigation of Kateryna Handziuk's murder
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On January 20, the Security Service of Ukraine together with Prosecutor's General Office announced the detention of nine persons related to the murder of Kateryna Handziuk. Among them, there is one of the organizers, Igor Pavlovskyi.
Simultaneously, the investigators conducted several searсhes.
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At the same time, lawyers of Vladyslav Manger (one of three alleged instigators of the murder) filed a motion to dismiss criminal charges, announced to Manger. If the court dismisses Manger’s notice of suspicion, the chances for fair punishment of those responsible for Kateryna’s murder will end for good. It is critically important that the prosecution is active in regard of challenging this motion.
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National police persecute local activist from Kryvyi Rih
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On February 20, Ternisky district court of Kryvyi Rih will announce the verdict in the case of local activist Juliy Morozov. The latter is unreasonably accused of causing car accident allegedly resulting in severe injuries committed back in 2015. The prosecution insists on 4 years of imprisonment for Morozov. The case itself has been fabricated by the local police department as there is no substantial evidence confirming the commitment of car accident by Morozov.
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The indictment is based solely on the testimonies of few witnesses. The investigation has been conducted with numerous procedural violations. At the same time, local media controlled by local oligarch conducted a smearing campaign against the activist. Morozov suspects that the reason for this persecution is his anti-corruption activities in the region. More information about the case is available on his Facebook page (in Ukrainian). We hope that public attention to the case will help Juliy to restore justice.
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