Publication date: 15.05.2024
The Kyiv Court of Appeal found illegal the prescription of NAAU regarding the acting head of the KSU, Serhiy Holovatoy.
On May 1, 2024, the Kyiv Court of Appeal considered an appeal filed on behalf of acting Head of the KSU, Serhiy Holovatoy, on the decision of the Holosiivskyi District Court of the city of Kyiv dated January 2, 2024, to find him guilty of committing an administrative offense defined in part 1 of Article 18846 of the Code of Administrative Offenses, and the application of an administrative penalty in the form of a fine of 1,700 hryvnias on the basis of the protocol on administrative offense from November 8, 2023 and canceled the decision of the court of first instance, closing the proceedings in the case of administrative liability. This is reported by the KSU Communications and Legal Monitoring Department.
The decision of the appellate court has entered into legal force, is final and is not subject to appeal.
The circumstances of the case
On September 14, 2023, the NAKC sent a request to the Constitutional Court of Ukraine with a demand to provide information and copies of certain documents, some of which related to constitutional proceedings.
KSU provided the requested information and part of the documents to the NAKC, refusing the rest due to the lack of legal grounds for their provision.
On October 12, 2023, the NAZK issued an order acting Chairman of the KSU, Serhiy Holovaty, demanding to provide copies of all documents in the future.
On November 8, 2023, the NAZK drew up a protocol regarding acting Serhiy Holovatoy, head of the KSU, for not fulfilling his demands.
On January 2, 2024, the Holosiivsky District Court of Kyiv found Serhiy Holovaty guilty of committing an administrative offense based on the results of the review of the NAZK protocol.On May 1, 2024, the Kyiv Court of Appeal recognized the order of the NAZK as illegal and annulled the decision of the court of first instance in view of the following:
The Holosiivskyi District Court of the city of Kyiv did not verify the legality of the prescription of the NACP;
established on June 9, 2016, the procedure for drawing up protocols on administrative offenses and entering prescriptions of the NAKC on the prevention of corruption was canceled on December 6, 2019 by the order of the NAKC;
as of the time of entry of the order dated October 12, 2023 and drawing up of the protocol dated November 8, 2023 regarding acting The Chairman of the KSU, Serhiy Holovaty, did not provide a normative regulation of the procedure for issuing orders by the authorized persons of the NAKC on violation of the requirements of the Law of Ukraine "On Prevention of Corruption";
On November 21, 2023, the KSU appealed against the order of the NAZK to the Kyiv District Administrative Court.However, there is still no information regarding any procedural actions of the administrative court within the scope of this case;
the documents and information required in the order of the National Committee of the National Administrative Court directly related to the constitutional proceedings in case No. 2-1/2023 (125/23) based on the constitutional appeal of 49 People's Deputies of Ukraine on the provision of an opinion on the constitutionality of the Agreement between Ukraine and the Russian Federation on the issue of the stay of the Black Sea Fleet of the Russian Federation on of the territory of Ukraine dated April 21, 2010, ratified by the Law of Ukraine "On the Ratification of the Agreement between Ukraine and the Russian Federation on the Stay of the Black Sea Fleet of the Russian Federation on the Territory of Ukraine" dated April 27, 2010 No. 2153-VI; the judge-reporter in this case is Serhiy Holovaty;
the appellate court indicated that the NAKC demanded information and documents directly related to the constitutional proceedings, while the demand for such materials is prohibited by law. You may be interested in the following articles: lawyer's consultation lawyer's consultation document analysis legal analysis of the situation written consultation document verification by a lawyer lawyers documents lawyer's assistance online lawyer online legal opinion lawyer's legal opinion lawyer online lawyer's consultation lawyer's consultation lawyer's help online
The Court of Appeal noted that in accordance with Clause 1 of Article 247 of the Code of Administrative Offenses of Ukraine, the NAZK had no right to initiate proceedings in the case of an administrative offense, and the proceedings initiated were subject to closure due to the absence of an event and the composition of an administrative offense.
