The High Anti-Corruption Court of Ukraine (HACC), on the basis of the decision of the Constitutional Court of Ukraine’s (the CCU’s) No.13-р/2020 overturned a sentence against former Judge of the Court of Appeals of Dnipropetrovsk Oblast, Nadiia Posunsia, who in October 2019 was found guilty of deliberate failure to file a declaration.
In October 2019, the HACC found Judge Nadiia Posunsia guilty of intentionally failing to file a declaration of a person authorized to perform functions of the state or local government in 2015, 2016, 2017. As a result of the case, the court imposed a fine of UAH 51,000.00 and deprived her from holding certain public positions (indicated in Clause 1, Sub-clauses “а”, “b” of Clause 2 of part one of Article 3 of the Law of Ukraine “On Corruption Prevention”), for the duration of one year.
The case against Judge Posunsia was the first sentence of the HACC. However, on November 17, 2020, the court repealed the sentence, since the CCU, by its decision, declared Article 366–1 of the Criminal Code of Ukraine unconstitutional. This Article provides for the punishment for the subject deliberately filing false data in the declaration, or deliberate failure to file the declaration.
Currently, other persons found guilty are attempting to appeal the sentences under Article 366–1 of the CCU. This includes a former Judge of the Court of Appeals of Dnipropetrovsk Oblast and the former Director of “Lviv Bronetankovyi Zavod” [Lviv Armor Plant] SE, who was found guilty of deliberate failure to file the declaration and declaring false information.
Former Director of “Lviv Bronetankovyi Zavod” SE, Roman Tymkiv, pursuant to the sentence, failed to indicate the “Aventa Investment Limited” company (Belize) with the charter fund of USD 50,000.00 and an apartment in Vienna (Austria) owned by his wife, in his declarations in 2017–2018. The total amount of false data is UAH 4,653,814.00.
During the criminal proceedings, the Director of “Lviv Bronetankovyi Zavod” pleaded absolutely and unreservedly guilty of committing a criminal offence. Based on the agreement of the parties, the punishment was imposed in the form of a fine of UAH 51,000.00 with deprivation from holding positions and engaging in activities connected with management of state enterprises for a period of 3 years.
However, following the CCU’s decision, the Director of “Lviv Bronetankovyi Zavod” filed an application for review of the court decision based on exceptional circumstances. He requested an acquittal due to the lack of essential signs of a criminal offence, repealing the ban on holding positions and engaging in activities connected with management of state enterprises for a period of 3 years, and the refund of the fine paid by him.
on November 5, another former Judge of the Court of Appeals of Dnipropetrovsk oblast — Zoia Ponomar — appealed to the HACC to reconsider her sentence. On May 28, 2020, the court found her guilty for deliberate failure to file declarations in 2017–2018 (Art. 366–1 of the Criminal Code of Ukraine). The penalty was imposed on the judge in the form of a fine of UAH 51,000.00, depriving her from holding the judge’s post for a period of 2 years.
The HACC session regarding review of the sentence with regard to the Director of “Lviv Bronetankovyi Zavod” will be held at 9:00 on November 19; with regard to former Judge of the Court of Appeals of Dnipropetrovsk Oblast — at 13:30 on November 26.
