3 years in prison for 8 ha of land: the case of Vitalii Kuts, former village council head

3 years in prison for 8 ha of land: the case of Vitalii Kuts, former village council head
Start of the trial 9 October 2019
Date of verdict 28 October 2020
Instance CCC
Stage of criminal proceedings Cassation proceedings

On October 26, the HACC found Vitalii Kuts, former head of Trebukhiv Village Council, Brovarskyi district, Kyiv oblast, guilty of attempting to forge documents to transfer 8 hectares of state-owned land into private ownership.

Vitalii Kuts was the head of Trebukhiv Village Council in Brovarskyi district from 2015 to 2020. In the spring of 2017, he gained access to the original decisions of the 6th session of the Trebukhiv Village Council and entered false information regarding permission to transfer 8 hectares of land into private ownership.

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Furthermore, he drew up and issued 34 extracts on granting permission to develop land management projects for these plots. To this end, Kuts also forged the signatures of former village council officials and certified the documents with a seal he had access to.

The court qualified Kuts’s actions under Article 366, part 1; Article 15, part 3; Article 364, part 2 of the Criminal Code of Ukraine. He avoided punishment for forgery in office because the statute of limitation had expired. Regardless, he was sentenced to 3 years in prison, fined UAH 8,500, and barred from holding certain positions for abuse of office.


The defense counsel filed an appeal and a cassation appeal, but both were dismissed. Bohunskyi District Court of the city of Zhytomyr released Vitalii Kuts on parole 11 months and 2 days early.

Proceeding No. 12017110130004841
Case No. 361/3207/19
Date the hearing was scheduled 11/10/2019
Qualification
Article 364, part 2, Article 366, part 1
Instance Key parties
CCC 25/02/2021 Panel of judges: Vus S.M., Yeremeichuk S.V., Storozhenko S.O.
HACC AC 17/12/2020 Panel of judges: Chornenka D.S., Hlotov M.S., Kaluhina I.O.
HACC 09/10/2019 Panel of judges: Koliush O.L., Tkachenko O.V., Dubas V.M.
THE CASE OF VITALII KUTS
Cassation proceedings

Vitalii Kuts, former head of Trebukhiv Village Council, tried to illegally transfer 8 hectares of state-owned land into private ownership by forging documents. For this, he was sentenced to 3 years in prison with additional penalties.

  • April 2017
    Kuts forged old decisions of the village council and illegally issued extracts for further transfer of land into private ownership
  • April 19, 2019
    Solomianskyi District Court of Kyiv released Kuts on personal recognizance
  • pic
    October 26, 2020
    he HACC convicted Kuts and sentenced him to 3 years in prison with additional penalties
  • January 11, 2021
    The HACC Appeals Chamber upheld the verdict of the court of the first instance
  • July 7, 2021
    The Supreme Court upheld the verdict of the first instance
  • pic
    February 20, 2023
    Bohunskyi District Court of Zhytomyr released Kuts from penal colony on parole

Decisions from the Register

Case No. Court Decision date Decision type
361/3207/19 HACC 09/10/2019 On the appointment of a preparatory court hearing
361/3207/19 HACC 31/10/2019 On the appointment of a trial
361/3207/19 HACC 15/01/2020 Decision on temporary access
361/3207/19 HACC 29/04/2020 Decision on the implementation of remote court proceedings
361/3207/19 HACC 04/05/2020 Decision on the implementation of remote court proceedings
361/3207/19 HACC 04/09/2020 Decision on the consideration of a recusal
361/3207/19 HACC 04/09/2020 Decision on the consideration of a recusal
361/3207/19 HACC 16/10/2020
361/3207/19 HACC 26/10/2020 Verdicts
361/3207/19 HACC AC 01/12/2020 On leaving the appeal without action
361/3207/19 HACC AC 17/12/2020 Opening of appeal proceedings
361/3207/19 HACC AC 29/12/2020 Completion of the preparation and appointment of the appeal hearing
361/3207/19 HACC AC 11/01/2021 On non-granting of the appeal and leaving the verdict unchanged
361/3207/19 HACC AC 11/01/2021 On non-granting of the appeal and leaving the verdict unchanged
361/3207/19 CCC 08/02/2021 On leaving the cassation appeal without motion
361/3207/19 CCC 25/02/2021 On the refusal to suspend the enforcement of the sentence / гіпотетично може може бути й про зупинення виконання вироку, Decision on the reclamation of materials
361/3207/19 CCC 25/02/2021 On the opening of cassation proceedings
361/3207/19 HACC 30/03/2021 Decision on the implementation of remote court proceedings
361/3207/19 CCC 09/04/2021 On the completion of preparation and appointment of the cassation hearing
361/3207/19 CCC 19/04/2021 On the opening of cassation proceedings
361/3207/19 HACC 09/06/2021
361/3207/19 HACC 09/06/2021
361/3207/19 CCC 07/07/2021 Resolution to leave the verdict and the AC decision unchanged and not grant the cassation appeal