Case description
This is the first verdict of the HACC since its creation.
On October 30, 2019, the HACC found Nadiia Posunsia, judge of the Court of Appeal of Dnipropetrovsk Oblast, guilty of failure to submit an electronic declaration for 2015-2018. She was fined UAH 51,000, but later this sentence was overturned due to the scandalous decision of the Constitutional Court of Ukraine. It abolished criminal liability for false declaration or intentional failure to submit a declaration.
Posunsia explained that she could not file a declaration on the NACP website because she deliberately refused an electronic signature. Allegedly, the judge used to send paper declarations with a personal signature to the Agency's e-mail successfully. Judge Posunsia expressed the opinion that a person should have the right to choose whether to obtain the electronic signature.
The crime was qualified under Art. 366-1 of the Criminal Code of Ukraine (declaring false information). The court fined Posunsia UAH 51,000 and banned her from holding certain positions for a year. Since the judge was retired at that time, the verdict also abolished her lifetime financial allowance.
However, on October 27, 2020, Article 366-1 of the Criminal Code of Ukraine was declared unconstitutional, so judge Posunsia subsequently appealed to the HACC with a request to reconsider the verdict. On November 17, 2020, the court reviewed its decision, overturned the conviction, and closed the criminal proceedings.
