Case description
The case of lawyer Serhii Chernobai was referred to the HACC on March 26, 2020. The first verdict was delivered by the Bilokurakynskyi District Court of Luhansk Oblast; Chernobai was found guilty of abuse of influence and fined UAH 25,500 based on an agreement with the prosecutor.
How did it all start? According to the case file, at the end of July 2015, lawyer Serhii Chernobai appealed to Kostiantyn Pyvovarov, Deputy Prosecutor of Sievierodonetsk, with a request to impose a “certain” punishment on his clients accused of drug possession. Then Chernobai allegedly gave the deputy prosecutor USD 5,000 in bribes, which he had previously taken from the two defendants. For this money, judge Olena Horbatenko had to adopt a relevant decision, and prosecutors had to refrain from appealing this decision. That is, the lawyer acted as an intermediary in this corruption scheme.
In March 2016, Chernobai concluded a plea agreement, and on July 27, 2016, the district court approved it and found him guilty, imposing a fine of UAH 25,500. The crime was qualified under Art. 369-2, part 2 of the Criminal Code of Ukraine (Abuse of influence).
The appeals filed by the defendants in this case went a long way to the HACC Appeals Chamber, which overturned the first verdict of the district court.
Subsequently, this case was referred to the High Anti-Corruption Court, which again conducted the trial under the general procedure. On June 12, 2020, the HACC re-approved the amended agreement between Chernobai and the SAPO prosecutor and imposed a similar fine on Chernobai. The case did not change its qualification. However, on October 7, the HACC Appeals Chamber overturned this verdict.
The accused lawyer filed a motion with the HACC, in which he asked to exempt him from liability due to the expiration of the statute of limitations, close the criminal proceedings, cancel the seizure of money by another court, and return the fine that he had paid back in 2016.
The HACC upheld his motion in part. The proceedings were closed, and Chernobai was exempted from criminal liability based on Art. 49 of the Criminal Code of Ukraine. However, the seizure of funds was not canceled, and the lawyer was not refunded the fine of UAH 25,500. The Supreme Court upheld this ruling.
