Case description
On February 16, 2021, the HACC found ex-judge Ivan Tulyk from Zakarpattia guilty of bribery and abuse of his influence on another judge. For receiving a relatively small bribe of UAH 10,000, Tulyk was initially sentenced to 6 years in prison, but then the punishment was canceled altogether.
Tulyk worked as a judge in Rakhiv since 2007. The Verkhovna Rada initially sentenced him to 5 years, and in 2012, he was elected a judge of the Rakhiv District Court permanently.
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NABU detectives found that in March 2019, Tulyk demanded UAH 10,000 from a local for adopting a positive decision in the case of debt collection from another person. The bribe amounted to 20% of the amount of this debt. Then the judge was detained right while receiving the payment.
Subsequently, the investigation found another episode of this case. It turned out that in 2018, for the same UAH 10,000, Tulyk put pressure on another judge of the Rakhiv District Court to help the same resident “solve” the case of driving while intoxicated.
The case was qualified under Article 368, part 3 of the Criminal Code of Ukraine (Accepting an offer, promise or receiving an improper advantage by an official) and Article 369-2, part 2 of the Criminal Code of Ukraine (Abuse of influence). Under these articles, Tulyk was sentenced to 6 years in prison with confiscation of all property and deprivation of the right to be a judge for 3 years.
The appellate instance then reduced Tulyk's main sentence to 5 years in prison. The Supreme Court, based on the results of the cassation case consideration, overturned the punishment imposed on the ex-judge, closed the proceedings, and decided to release him from custody right in the courtroom.
The Supreme Court explained its decision by the fact that the SAPO sent an indictment to the court in violation of the terms
