Rule of Law: Odessa Judges Are a Danger to Citizens and Businesses

In its work, the public organization "Rule of Law" constantly encounters illegal actions by judges and their adoption of illegal decisions regarding businesses and citizens.

154806157The organization published the latest issue of the newspaper "Rule of Law" about the lawlessness of the judiciary. The newspaper can be read at link - https://maub.com.ua/img/newsdoc/4682/EMESXTsc.pdf .

The newspaper reveals specific cases of the Organization's activities to protect businesses from arbitrary actions by representatives of the judiciary.

One of the most serious violations committed by judges is the issuance of unfounded orders to secure a claim or to grant permission to conduct a search with the seizure of documents at various enterprises.

 

One such high-profile decision was that of Judge Lyubov Zhugan of the Malinovsky District Court of Odessa, who ruled to secure a claim and removed the director of an Odessa enterprise from his duties, appointing another person as director. In essence, the judge ruled on the merits of the case without examining all the circumstances of the case, predetermining its outcome in advance, as the same demands were contained in the lawsuit itself. Based on this ruling, a large-scale corporate raid took place, followed by its immediate sale, making further business impossible.

Recently, Oleksiy Kaplia, Judge of the Primorsky District Court of Odessa, authorized pre-trial investigation agencies to seize original documents for all vehicles of a motor transport company, thereby leading to the complete shutdown of the company and its imminent bankruptcy, as well as the suspension of transport services between settlements. It is worth noting that, thanks to public intervention, Judge Kaplia's ruling was overturned by the Odesa Regional Court of Appeals, allowing police officers to obtain copies of the documents they needed without blocking the entire company.

One of the most common violations committed by judges is the failure to meet deadlines for the consideration of both civil and criminal cases.

For example, Judge Oleh Neporada of the Malinovsky District Court of Odessa has been hearing a criminal case involving individuals accused of grand theft for three years. This case was sent to the Malinovsky District Court of Odessa back in 2012, but for some reason, the perpetrators have yet to be held accountable, and the damages caused to the injured party have not been compensated. According to participants in this trial, during the entire trial, the judge never questioned the defendants and released them from custody without any obligations on their part. The case is frequently postponed for reasons unclear to the participants.

Judge Natalia Ilchenko of the Primorsky District Court of Odessa also failed to hear cases on time. Instead of the required three days to decide whether to open proceedings, she took two months to hear a claim for alimony, and five months to hold the first court hearing, while the law requires the entire case to be heard within one month.

Speaking of unlawful decisions, it's worth mentioning Judge Serhiy Revu of the Kyiv District Court of Odessa, who ruled that a citizen owned 19 properties totaling approximately 8 square meters, based on a handwritten, unnotarized purchase and sale agreement. As it later turned out, the owner of the aforementioned properties had no connection to the purchase and sale agreement and wasn't even mentioned in it; the person in whose name the properties were sold never actually owned them.

Many of these violations are eventually resolved thanks to the timely intervention of activists and the public disclosure of the violations. However, the majority of violations remain unpunished and are simply hushed up by the parties involved; the victims simply do not wish to conflict with anyone, effectively giving those in robes carte blanche to commit similar acts in the future.

 

The rule of law

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