The Case of Former Ministry of Agrarian Policy Official Olena Polishchuk

The Case of Former Ministry of Agrarian Policy Official Olena Polishchuk
Start of the trial 5 February 2020
Date of verdict 22 February 2024
Instance HACC
Stage of criminal proceedings Judicial proceedings

On February 22, 2024, the HACC found Olena Polishchuk, a former official at the Ministry of Agrarian Policy, guilty of accepting a $150,000 bribe and sentenced her to eight years in prison.

As of 2016, Olena Polishchuk headed the Division for Control over the Efficient Use of Property at the Ministry of Agrarian Policy and Food of Ukraine, and later served as acting director of the Department for State Property Management.

According to the investigation, she used her official position to devise a scheme to obtain an unlawful benefit from a businessman interested in acquiring the property complex of the State Agricultural Enterprise Oberih, which was undergoing bankruptcy and liquidation proceedings.

Since the disposal of state property in bankruptcy cases required the Ministry of Agrarian Policy's mandatory approval of both the list of assets in the liquidation estate and the auction organizer, Polishchuk assured the businessman that she could secure a favorable outcome on these matters for a fee.

These communications ran from December 2015 to August 2016. During meetings at Kyiv venues, including the Kupidon restaurant, Polishchuk demanded $150,000, writing the sum on a napkin. She explained that she was the “link” between the buyer and the ministry's leadership, and insisted that once she was appointed acting director of the department, resolving the matter would become much simpler.

The defendant gave the businessman detailed instructions on the stages of transferring the money and proposed options for cashless payment through offshore schemes, but the parties ultimately agreed on a cash handover. To demonstrate that she was serious, Polishchuk brought in a third person (whose case materials were severed into separate proceedings), who showed the businessman a photocopy of a draft letter approving the liquidation estate at the Salut Hotel.

The final stage allegedly took place after the meeting at the hotel. The businessman drove Polishchuk to the Ministry of Agrarian Policy building on Khreshchatyk Street. In the ministry's inner courtyard, she opened the trunk of her Mitsubishi Outlander herself, and the businessman placed a bag of simulated banknotes inside. Immediately after receiving it, Polishchuk returned to her office and arranged for the registration of an incoming letter from the enterprise's liquidator approving a commodity exchange as the auction organizer. That same evening she was detained by NABU detectives, and the money was seized from her car during a search.

Her actions were classified under Article 368(4) of the Criminal Code of Ukraine. The HACC sentenced her to eight years in prison with a three-year ban on holding certain positions. The court also ordered the partial confiscation of her property, including the Mitsubishi Outlander and a land plot in Kyiv Region; at the same time, it took into account the convicted woman's pensionable age and left her ownership of her sole residence — an apartment in Fastiv. The verdict also confirmed that the defense's entrapment theory had not been proven, relying on the results of covert investigative actions and messenger correspondence.

The HACC Appeals Chamber overturned the guilty verdict against Olena Polishchuk and ordered a new hearing before the court of first instance, citing substantial procedural violations, in particular that the decision had been taken by an unlawfully composed court. The panel found that, after one of the first-instance judges was replaced, the trial was not restarted from the beginning despite the defense's objections, and that a motion to recuse the judges was unlawfully left unconsidered — which breached the principles of the direct examination of evidence and of the immutability of the court's composition. In effect, the verdict was overturned for breaching the principle of immediacy — a separate piece on this principle and what it means is available on the HACC Decided platform.

The case is therefore currently being reheard by the HACC.

Proceeding No. 42015220000001081
Case No. 761/2940/17
Date the hearing was scheduled 05/02/2020
Subject
  • Other
Qualification
Article 368, part 4, Article 369-2, part 2
Instance Key parties
CCC 27/02/2025 Panel of judges: Stefaniv N.S.
HACC AC 01/04/2024 Panel of judges: Pankulych V.I.
HACC 05/02/2020 Panel of judges: Tkachenko O.V.
THE CASE OF OLENA POLISHCHUK
Judicial proceedings

Olena Polishchuk, a former official at the Ministry of Agrarian Policy, allegedly demanded a $150,000 bribe in exchange for helping secure victory at auction.

Article 368(4) of the Criminal Code of Ukraine

  • August 2, 2016
    the SSU detained Olena Polishchuk after she allegedly accepted the bribe
  • pic
    August 3, 2016
    Olena Polishchuk was served with a notice of suspicion
  • pic
    August 4, 2016
    the Solomianskyi District Court remanded Polishchuk in custody, with UAH 124,000 bail as an alternative
  • pic
    June 9, 2020
    the HACC forfeited Polishchuk's UAH 124,000 bail to the state, as she had failed to appear at hearings. New bail of over UAH 250,000 was set for the defendant
  • pic
    February 22, 2024
    the HACC found Polishchuk guilty and sentenced her to eight years' imprisonment with additional penalties
  • pic
    May 2, 2024
    the HACC Appeals Chamber overturned the first-instance verdict and remitted the case for a new hearing
  • May 27, 2024
    the HACC again scheduled the case for consideration on the merits

Decisions from the Register

Case No. Court Decision type
761/2940/17 HACC AC 01/09/2026
761/2940/17 HACC 27/07/2026
761/2940/17 HACC 20/05/2026
761/2940/17 HACC 20/05/2026
761/2940/17 HACC 20/04/2026 Decision on the implementation of remote court proceedings
761/2940/17 HACC 25/02/2026
761/2940/17 HACC 05/02/2026 Decision on the implementation of remote court proceedings
761/2940/17 HACC 21/01/2026 Decision on the implementation of remote court proceedings
761/2940/17 HACC 21/11/2025 Decision on temporary access
761/2940/17 HACC 19/11/2025 Decision on the implementation of remote court proceedings
761/2940/17 HACC 19/11/2025
761/2940/17 HACC 19/11/2025 Decision on temporary access
761/2940/17 HACC 19/11/2025
761/2940/17 HACC 04/11/2025 Decision on the implementation of remote court proceedings
761/2940/17 HACC 24/10/2025
761/2940/17 HACC 24/10/2025
761/2940/17 HACC 23/10/2025 Decision on temporary access
761/2940/17 HACC 17/10/2025
761/2940/17 HACC 17/10/2025
761/2940/17 HACC 13/06/2025
761/2940/17 HACC 13/06/2025 Decision on temporary access
761/2940/17 HACC 13/06/2025 Decision on temporary access
761/2940/17 HACC 13/06/2025
761/2940/17 HACC 09/04/2025
761/2940/17 HACC 09/04/2025
761/2940/17 HACC 19/03/2025
761/2940/17 HACC 19/03/2025
761/2940/17 CCC 27/02/2025 On the refusal to open cassation proceedings
761/2940/17 CCC 27/02/2025 On the refusal to open cassation proceedings
761/2940/17 CCC 27/02/2025 On the refusal to open cassation proceedings
761/2940/17 HACC AC 11/02/2025 On the refusal to open appeal proceedings
761/2940/17 HACC AC 11/02/2025 On the refusal to open appeal proceedings
761/2940/17 HACC AC 11/02/2025 On the refusal to open appeal proceedings
761/2940/17 HACC 16/01/2025
761/2940/17 HACC 16/01/2025
761/2940/17 HACC 16/01/2025
761/2940/17 HACC 16/01/2025
761/2940/17 HACC 16/01/2025
761/2940/17 HACC 16/01/2025
761/2940/17 HACC 11/10/2024
761/2940/17 HACC 11/10/2024
761/2940/17 HACC 17/07/2024
761/2940/17 HACC 17/07/2024
761/2940/17 HACC 17/07/2024
761/2940/17 HACC 17/07/2024
761/2940/17 HACC 27/05/2024
761/2940/17 HACC 27/05/2024 On the appointment of a trial
761/2940/17 HACC 27/05/2024
761/2940/17 HACC 27/05/2024
761/2940/17 HACC 27/05/2024
761/2940/17 HACC 27/05/2024 On the appointment of a trial
761/2940/17 HACC 14/05/2024 On the appointment of a preparatory court hearing
761/2940/17 HACC AC 02/05/2024 On the appointment of a new trial in the court of the first instance, Decision on partial granting of appeals
761/2940/17 HACC AC 02/05/2024 On the appointment of a new trial in the court of the first instance, Decision on partial granting of appeals
761/2940/17 HACC AC 02/05/2024 Separate opinion of the HACC AC judge
761/2940/17 HACC AC 18/04/2024
761/2940/17 HACC AC 01/04/2024 Opening of appeal proceedings
761/2940/17 HACC 22/02/2024 Verdicts
761/2940/17 HACC 13/09/2023
761/2940/17 HACC 13/09/2023
761/2940/17 HACC 11/04/2023
761/2940/17 HACC 11/04/2023
761/2940/17 HACC 30/01/2023 Decision on the implementation of remote court proceedings
761/2940/17 HACC 04/11/2022 Decision on the implementation of remote court proceedings
761/2940/17 HACC 16/06/2022 Decision on the implementation of remote court proceedings
761/2940/17 HACC 08/06/2021
761/2940/17 HACC 08/06/2021
761/2940/17 HACC 30/03/2021
761/2940/17 HACC 30/03/2021
761/2940/17 HACC 19/10/2020
761/2940/17 HACC 19/10/2020 Decision on the refusal/granting of the motion for the return of the indictment
761/2940/17 HACC 19/10/2020
761/2940/17 HACC 19/10/2020 Decision on the refusal/granting of the motion for the return of the indictment
761/2940/17 HACC 08/09/2020
761/2940/17 HACC 31/07/2020 On the appointment of a preparatory court hearing
761/2940/17 HACC AC 26/06/2020 On the refusal to open appeal proceedings
761/2940/17 HACC AC 18/06/2020 On the refusal to open appeal proceedings
761/2940/17 HACC AC 18/06/2020 On the refusal to open appeal proceedings
761/2940/17 HACC 16/06/2020
761/2940/17 HACC 16/06/2020
761/2940/17 HACC 16/06/2020
761/2940/17 HACC 16/06/2020
761/2940/17 HACC 09/06/2020
761/2940/17 HACC 09/06/2020
761/2940/17 HACC 26/02/2020 Decision on the consideration of a recusal
761/2940/17 HACC 26/02/2020 Decision on the consideration of a recusal
761/2940/17 HACC 05/02/2020 On the appointment of a preparatory court hearing