The HACC found Judge Hennadii Moliboha and lawyer Ihor Sierikov guilty of receiving an improper benefit in exchange for issuing a ruling not to bring an individual to administrative liability.

According to the investigation, Moliboha — head of the Druzhkivka City Court — used his official position to organize the receipt of an improper benefit in exchange for rulings in cases involving administrative offenses linked to the unlawful sale of tobacco products.

The scheme involved not active conduct but rather "non-intervention": for a fee, the judge promised not to hold individuals liable, not to apply confiscation of seized goods, and effectively to ensure that the products would be returned.

In the first episode, after an administrative report was drawn up, the case was assigned to Judge Moliboha. The defendant approached lawyer Sierikov, who acted as intermediary.

Under the agreed terms, money was to be paid to resolve the matter. The individual handed UAH 5,000 to the lawyer, of which UAH 3,000 was passed on to the judge. The client was then informed that he need not appear in court and that the case would be closed without adverse consequences — including the return of the seized goods.

The same scheme played out in the second episode. After the case was assigned to the same judge, the individual again approached the same lawyer. UAH 8,000 was paid, of which the lawyer passed UAH 4,000 to the judge as a bribe. In exchange, the judge was to refrain from holding the individual liable and from applying confiscation.

In this manner, Moliboha twice received an improper benefit for refraining from procedural action by abusing his authority, while lawyer Sierikov acted as intermediary between the judge and individuals seeking favorable case outcomes.

The defendants' actions were charged under Article 368(3) of the Criminal Code of Ukraine. Moliboha was sentenced to six years' imprisonment with a three-year ban on holding certain positions and confiscation of half of his property.

The HACC had previously convicted Moliboha in another case involving the extortion and receipt of a bribe. Taking the cumulative offenses into account, the court imposed a final sentence of seven years and six months' imprisonment, a three-year ban on holding positions in state authorities and local self-government bodies, and confiscation of his property.

Sierikov was sentenced to four years and six months' imprisonment without confiscation of property. Pending the verdict's entry into force, he was placed under bail in the amount of UAH 9,800.

Appellate proceedings are ongoing.