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Case of Serhii Chernobai on abuse of influence

  • Date of commencement of the case: 26/03/2020
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Case of Serhii Chernobai on abuse of influence Case of Serhii Chernobai on abuse of influence

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.

 

  • Proceeding No.: 52016000000000042
  • Case No.: 409/1465/16-к
  • Incriminated: Article 368, part 3, Article 369-2, part 1, Article 369-2, part 2, Article 369-2, part 3
Instance Key parties Instance /Key parties:
CCC
12/05/2021

Panel of judges: Mazur M.V., Borodii V.M., Chystyk A.O.

HACC AC
12/11/2020

Panel of judges: Nykyforov A.S., Chorna V.V., Chornenka D.S.

Lawyer: Domanskoho A.O., Shurkhno K.A.

Prosecutor: Kravets V.V., Kravchenko M.M.

HACC
12/10/2020

Panel of judges: Dubas V.M., Koliush O.L., Tkachenko O.V.

Lawyer: Shurkhno K.A., Mozolieva O.O.

Prosecutor: Kravets V.V.

HACC AC
20/07/2020

Panel of judges: Chornenka D.S., Hlotov M.S., Hlotov M.S., Kaluhina I.O.

Prosecutor: Kravets V.V.

HACC
26/03/2020

Panel of judges: Strohyi I.L., Maslov V.V., Fedorak L.M.

Lawyer: Shurkhno K.A.

Prosecutor: Olefir Yu.O.

HACC AC
21/10/2019

Panel of judges: Kaluhina I.O., Mykhailenko D.H., Semennykov O.Yu., Nykyforov A.S., Kaluhina I.O., Hlotov M.S., Chornenka D.S., Pavlyshyn O.F., Chorna V.V., Panaid I.V.

Lawyer: Ovcharenka O.V., Shurkhno K.A.

Prosecutor: Kravets V.V.

CCC
16/10/2019

Panel of judges: Anisimov H.M., Buleiko O.L., Ivanenko I.V.

Prosecutor: Olefir Yu.O.

Infographics

CASE OF SERHII CHERNOBAI

Lawyer Serhii Chernobai was an intermediary in a corruption scheme to adopt positive court decisions regarding drug possession defendants. For receiving a bribe, he initially was fined, but later was exempted from liability.

  • pic
    On October 22, 2015
    Chernobai received a USD 6,000 bribe from the two accused in the car to subsequently transfer it to the prosecutor of Sievierodonetsk
  • On March 15, 2016
    Chernobai concluded a plea agreement with the SAPO prosecutor
  • pic
    On July 27, 2016
    Bilokurakynskyi District Court of Luhansk Oblast approved the agreement, found Chernobai guilty, and fined UAH 25,500
  • pic
    On March 17, 2020
    the HACC Appeals Chamber overturned the verdict of the district court and referred the case to the HACC for consideration under the general procedure
  • pic
    On June 12, 2020
    the HACC approved the amended agreement of Chernobai with the prosecutor, found the lawyer guilty under the same article, and imposed a fine of UAH 25,500
  • On October 7, 2020
    the HACC Appeals Chamber overturned the HACC verdict and transferred the materials on Chernobai to the HACC for a new consideration of the case
  • On October 26, 2020
    Chernobai asked the HACC to exempt him from liability due to the expiration of the statute of limitations in the case
  • pic
    On October 29, 2020
    the HACC upheld the lawyer's motion in part: he was exempted from liability, and the criminal proceedings were closed
  • On February 10, 2021
    the HACC Appeals Chamber upheld the decision on Chernobai

Decisions from the Register

Case No. Court Decision date Decision type
409/1465/16-к CCC 16/10/2019
409/1465/16-к HACC AC 21/10/2019 Opening of appeal proceedings
409/1465/16-к HACC AC 31/10/2019 Completion of the preparation and appointment of the appeal hearing
409/1465/16-к HACC AC 07/11/2019
409/1465/16-к HACC AC 11/11/2019
409/1465/16-к HACC AC 13/11/2019
409/1465/16-к HACC AC 18/11/2019
409/1465/16-к HACC AC 26/11/2019
409/1465/16-к HACC AC 17/12/2019
409/1465/16-к HACC AC 17/12/2019
409/1465/16-к HACC AC 19/12/2019
409/1465/16-к HACC AC 20/12/2019
409/1465/16-к HACC AC 14/01/2020
409/1465/16-к HACC AC 23/01/2020
409/1465/16-к HACC AC 23/01/2020
409/1465/16-к HACC AC 10/02/2020
409/1465/16-к HACC AC 10/03/2020
409/1465/16-к HACC AC 12/03/2020
409/1465/16-к HACC AC 13/03/2020
409/1465/16-к HACC AC 17/03/2020
409/1465/16-к HACC AC 17/03/2020
409/1465/16-к HACC 26/03/2020 On the appointment of a preparatory court hearing
409/1465/16-к HACC 20/05/2020
409/1465/16-к HACC 27/05/2020
409/1465/16-к HACC 12/06/2020 Verdicts
409/1465/16-к HACC AC 20/07/2020 Opening of appeal proceedings
409/1465/16-к HACC AC 28/07/2020
409/1465/16-к HACC AC 08/09/2020
409/1465/16-к HACC AC 08/09/2020
409/1465/16-к HACC AC 15/09/2020
409/1465/16-к HACC AC 17/09/2020
409/1465/16-к HACC AC 21/09/2020
409/1465/16-к HACC AC 07/10/2020
409/1465/16-к HACC 12/10/2020 On the appointment of a preparatory court hearing
409/1465/16-к HACC 28/10/2020
409/1465/16-к HACC 29/10/2020
409/1465/16-к HACC 29/10/2020
409/1465/16-к HACC AC 12/11/2020 Opening of appeal proceedings
409/1465/16-к HACC AC 12/11/2020 On leaving the appeal without action
409/1465/16-к HACC AC 01/12/2020 Opening of appeal proceedings
409/1465/16-к HACC AC 01/12/2020 Completion of the preparation and appointment of the appeal hearing
409/1465/16-к HACC AC 03/12/2020
409/1465/16-к HACC AC 08/12/2020
409/1465/16-к HACC AC 08/12/2020
409/1465/16-к HACC AC 09/12/2020 Opening of appeal proceedings
409/1465/16-к HACC AC 10/12/2020 Completion of the preparation and appointment of the appeal hearing
409/1465/16-к HACC AC 15/12/2020 Completion of the preparation and appointment of the appeal hearing
409/1465/16-к HACC AC 26/01/2021
409/1465/16-к HACC AC 10/02/2021
409/1465/16-к HACC AC 10/02/2021
409/1465/16-к CCC 12/05/2021
409/1465/16-к CCC 12/05/2021 On the opening of cassation proceedings
409/1465/16-к CCC 01/06/2021 On the completion of preparation and appointment of the cassation hearing
409/1465/16-к CCC 15/09/2021
409/1465/16-к CCC 22/09/2021