The case of Druzhkivka-based judge Hennadii Moliboha on bribery: the episode of bribe-givers

The case of Druzhkivka-based judge Hennadii Moliboha on bribery: the episode of bribe-givers
Start of the trial 25 October 2019
Date of verdict 16 December 2024
Instance CCC
Stage of criminal proceedings Cassation proceedings

The HACC found Hennadii Moliboha, head of the Druzhkivka City Court, and Vasyl Yahupets, a prosecutor of the Kramatorsk Local Prosecutor's Office, guilty of extorting and receiving a bribe. They were sentenced to 7.5 and 4.5 years' imprisonment respectively.

According to the prosecution, in December 2017 Vasyl Yahupets, a prosecutor of the Kramatorsk Local Prosecutor's Office, approached Hennadii Moliboha, head of the Druzhkivka City Court, with a request not to hold a person detained for drunk driving administratively liable.

ennadii Moliboha. Photo by HCJ
ennadii Moliboha. Photo by HCJ

Yahupets came to Judge Moliboha's office as soon as he learned that the judge was hearing the case of a person he did not know personally but knew through acquaintances. On the pretext of “reviewing the file,” the prosecutor explained that the offender did not want to be left without his driver's license, so it was crucial that the court not strip him of his driving privileges.

The judge responded to the request and invited the prosecutor to share his “ideas” on how to settle the matter in such a way that his judicial ruling would not take away the offender's driver's license, adding that he would consider any proposal. Yahupets obliquely offered Moliboha a bribe in whatever amount he named.

Moliboha agreed to this offer and held up five fingers of his right hand, hinting that he wanted five thousand hryvnias. Yahupets conveyed this to the offending driver and afterwards informed Moliboha that the man was ready to pay the bribe. The judge wanted to receive the money the day before the hearing, that is, on December 11, 2017.

On the morning of December 11, the prosecutor met with Moliboha to discuss the offending driver's fate. The investigation recorded them planning a scheme to evade liability. This concerned not only keeping his license but also preparing the “right” testimony: the prosecutor and the judge agreed on exactly what the man should say at the hearing so that the judge could lawfully rule in his favor.

A few hours later, Yahupets again came to Moliboha's office and handed him a bribe of UAH 5,000 in exchange for not holding the person administratively liable and not stripping him of his driver's license. Having received the money, Moliboha put it in his desk drawer, and after the meeting ended he counted it and put it in his bag.

The money was later seized by investigators. In addition, while investigating other criminal proceedings, NABU detectives discovered that for several years the judge had not declared the cars he had purchased and was using.

Hennadii Moliboha's actions were classified under Article 368(3) of the Criminal Code of Ukraine, and Vasyl Yahupets's under Article 369(3).

The HACC found the defendants guilty and sentenced Hennadii Moliboha to 7.5 years and Vasyl Yahupets to 4.5 years in prison. The court also confiscated Moliboha's property and banned him from holding positions in state authorities for two years.

The HACC Appeals Chamber reviewed the HACC's verdict and partially granted the appeals. It amended the verdict only as regards the recovery from the defendants of the procedural costs of engaging experts. The HACC had ordered UAH 39,710.60 to be recovered from both defendants jointly and severally. On those terms, the entire sum could have been recovered from either one of them, or from both in any proportion. The HACC Appeals Chamber cancelled the joint and several liability and split the sum in half, so that each must now pay exactly UAH 19,855.30 individually.

In all other respects, the appeals were dismissed and the verdict left unchanged.

Hennadii Moliboha's defense counsel filed a cassation appeal seeking review of the court decisions in cassation; the case is currently under review by the Criminal Cassation Court of the Supreme Court.

Proceeding No. 52018000000000291
Case No. 623/261/19
Date the hearing was scheduled 25/10/2019
Subjects
  • Judge
  • Prosecutor
Qualification
Article 368, part 3, Article 369, part 3, Article 369-2, part 1
Pre-trial cases №
  • 991/4872/20
Instance Key parties
CCC 30/03/2026 Panel of judges: Nastavnyi V.V.
HACC AC 23/01/2025 Panel of judges: Bodnar S.B.
HACC 25/10/2019 Panel of judges: Mykhailenko V.V.
THE CASE OF HENNADII MOLIBOHA
Cassation proceedings

Prosecutor Vasyl Yahupets, acting as an intermediary, handed Judge Hennadii Moliboha a bribe of UAH 5,000 in exchange for not holding two offending drivers administratively liable.

Hennadii Moliboha's under Article 368(3) of the Criminal Code of Ukraine,

Vasyl Yahupets's under Article 369(3).

  • pic
    December 11, 2017
    prosecutor Vasyl Yahupets, acting as an intermediary, handed Judge Hennadii Moliboha a bribe of UAH 5,000
  • pic
    April 3, 2018
    the NABU served notices of suspicion on the judge and the prosecutor
  • pic
    April 20, 2018
    the Solomianskyi District Court set bail for Yahupets at over UAH 70,000
  • pic
    April 26, 2018
    the Solomianskyi District Court set bail for Moliboha at over UAH 70,000
  • pic
    September 25, 2018
    the NABU amended the notice of suspicion served on Judge Moliboha
  • pic
    January 14, 2019
    the indictment was referred to court
  • December 9, 2019
    the HACC reduced Yahupets's bail to over UAH 38,000
  • November 16, 2020
    the HACC closed the case as regards the judge's possible false declaration, owing to the expiry of the statute of limitations
  • pic
    December 4, 2020
    the HACC reduced Moliboha's bail to UAH 63,000
  • pic
    December 16, 2024
    the HACC delivered a guilty verdict against Moliboha and Yahupets
  • January 23, 2025
    the HACC Appeals Chamber opened appellate proceedings on the defendants' appeals
  • pic
    February 10, 2026
    the HACC Appeals Chamber partially amended the verdict as regards the recovery from the defendants of the procedural costs of engaging experts. The sentences were left unchanged
  • March 30, 2026
    the Criminal Cassation Court of the Supreme Court opened cassation proceedings on the appeal filed by Moliboha's defense counsel

Decisions from the Register

Case No. Court Decision type
623/261/19 CCC 11/05/2026
623/261/19 CCC 11/05/2026
623/261/19 CCC 01/05/2026
623/261/19 CCC 30/04/2026
623/261/19 CCC 30/03/2026
623/261/19 CCC 30/03/2026 On the opening of cassation proceedings
623/261/19 CCC 16/03/2026
623/261/19 HACC AC 10/02/2026 Decision on partial granting of appeals, On partial granting of the appeal and change of the verdict
623/261/19 HACC AC 10/02/2026 On partial granting of the appeal and change of the verdict, Decision on partial granting of appeals
623/261/19 HACC AC 29/01/2026
623/261/19 HACC AC 29/01/2026
623/261/19 HACC AC 29/10/2025
623/261/19 HACC AC 29/10/2025
623/261/19 HACC AC 29/10/2025
623/261/19 HACC AC 29/10/2025
623/261/19 HACC AC 27/10/2025
623/261/19 HACC AC 15/07/2025
623/261/19 HACC AC 15/07/2025
623/261/19 HACC AC 12/05/2025
623/261/19 HACC AC 12/05/2025
623/261/19 HACC AC 12/05/2025
623/261/19 HACC AC 12/05/2025
623/261/19 HACC AC 12/05/2025
623/261/19 HACC AC 12/05/2025
623/261/19 HACC AC 07/04/2025
623/261/19 HACC AC 07/04/2025
623/261/19 HACC AC 03/02/2025
623/261/19 HACC AC 23/01/2025 Opening of appeal proceedings
623/261/19 HACC 16/12/2024
623/261/19 HACC 16/12/2024 Decision to cancel the seizure of property, Verdicts
623/261/19 HACC 16/12/2024 Separate opinion of the HACC judge
623/261/19 HACC 19/07/2024
623/261/19 HACC 19/07/2024
623/261/19 HACC 13/05/2024
623/261/19 HACC 13/05/2024
623/261/19 HACC 13/05/2024
623/261/19 HACC 13/05/2024
623/261/19 HACC 03/05/2024
623/261/19 HACC 03/05/2024
623/261/19 HACC 05/04/2024
623/261/19 HACC 05/04/2024
623/261/19 HACC 13/11/2023
623/261/19 HACC 09/10/2023 Separate opinion of the HACC judge
623/261/19 HACC 25/09/2023
623/261/19 HACC 25/09/2023
623/261/19 HACC 08/09/2023 Decision on exemption from criminal liability on the basis of Art. 49 of the Criminal Code of Ukraine in connection with the expiration of the statute of limitations
623/261/19 HACC 08/09/2023 Decision on exemption from criminal liability on the basis of Art. 49 of the Criminal Code of Ukraine in connection with the expiration of the statute of limitations
623/261/19 HACC 22/08/2023 Separate opinion of the HACC judge
623/261/19 HACC 31/07/2023
623/261/19 HACC 31/07/2023
623/261/19 HACC 31/07/2023
623/261/19 HACC 31/07/2023
623/261/19 HACC 27/07/2023 Separate opinion of the HACC judge
991/4872/20 HACC 21/07/2023 Separate opinion of the HACC judge
991/4872/20 HACC 21/07/2023 Separate opinion of the HACC judge
623/261/19 HACC 21/07/2023
623/261/19 HACC 21/07/2023
991/4872/20 HACC 20/07/2023
991/4872/20 HACC 20/07/2023
991/4872/20 HACC 20/07/2023
623/261/19 HACC 20/07/2023
991/4872/20 HACC 20/07/2023
991/4872/20 HACC 14/06/2023
623/261/19 HACC 14/04/2023
623/261/19 HACC 14/04/2023
991/4872/20 HACC 06/06/2022 On the suspension of court proceedings
991/4872/20 HACC 06/06/2022 On the suspension of court proceedings
623/261/19 HACC 03/06/2022 On the suspension of court proceedings
623/261/19 HACC 03/06/2022 On the suspension of court proceedings
991/4872/20 HACC 20/12/2021
991/4872/20 HACC 20/12/2021
623/261/19 HACC 19/11/2021
623/261/19 HACC 19/11/2021
623/261/19 HACC 19/11/2021
623/261/19 HACC 19/11/2021
991/4872/20 HACC 23/10/2021 Decision on the implementation of remote court proceedings
623/261/19 HACC 23/10/2021
623/261/19 HACC 23/10/2021
991/4872/20 HACC AC 04/08/2021
991/4872/20 HACC AC 04/08/2021
991/4872/20 HACC 26/07/2021
991/4872/20 HACC 26/07/2021
991/4872/20 HACC 31/05/2021
991/4872/20 HACC 31/05/2021
991/4872/20 HACC 31/05/2021
991/4872/20 HACC 31/05/2021
623/261/19 HACC 24/05/2021
623/261/19 HACC 24/05/2021
623/261/19 HACC 24/05/2021
623/261/19 HACC 24/05/2021
623/261/19 HACC 05/05/2021
991/4872/20 HACC 05/05/2021 Decision on the implementation of remote court proceedings
991/4872/20 HACC 05/05/2021
623/261/19 HACC 05/05/2021
991/4872/20 HACC 05/05/2021
623/261/19 HACC 29/03/2021
623/261/19 HACC 29/03/2021
623/261/19 HACC 29/03/2021
623/261/19 HACC 29/03/2021
623/261/19 HACC 01/03/2021
623/261/19 HACC 01/03/2021
991/4872/20 HACC 19/02/2021
991/4872/20 HACC 12/02/2021
991/4872/20 HACC 12/02/2021
991/4872/20 HACC 11/02/2021 Decision on the implementation of remote court proceedings
991/4872/20 HACC 02/02/2021 Decision on the implementation of remote court proceedings
991/4872/20 HACC 29/01/2021
991/4872/20 HACC 29/01/2021
991/4872/20 HACC 29/01/2021
991/4872/20 HACC 29/01/2021
991/4872/20 HACC 29/01/2021
991/4872/20 HACC 29/01/2021
991/4872/20 HACC 29/01/2021
991/4872/20 HACC 29/01/2021
623/261/19 HACC 04/12/2020
623/261/19 HACC 04/12/2020
623/261/19 HACC 16/11/2020
623/261/19 HACC 16/11/2020 Decision on closing the criminal proceedings
623/261/19 HACC 16/11/2020
623/261/19 HACC 16/11/2020 Decision on closing the criminal proceedings
991/4872/20 HACC 09/11/2020
991/4872/20 HACC 09/11/2020
991/4872/20 HACC 09/11/2020
991/4872/20 HACC 09/11/2020
991/4872/20 HACC 09/11/2020
991/4872/20 HACC 09/11/2020
623/261/19 HACC 06/11/2020
623/261/19 HACC 06/11/2020
623/261/19 HACC 03/11/2020 Decision on the implementation of remote court proceedings
991/4872/20 HACC 02/11/2020
991/4872/20 HACC 02/11/2020
623/261/19 HACC 25/09/2020
991/4872/20 HACC 28/07/2020
623/261/19 HACC 15/06/2020
623/261/19 HACC 15/06/2020
623/261/19 HACC 15/06/2020
623/261/19 HACC 15/06/2020
623/261/19 HACC 04/05/2020
623/261/19 HACC 26/02/2020
623/261/19 HACC 26/02/2020
623/261/19 HACC 26/02/2020
623/261/19 HACC 26/02/2020
623/261/19 HACC 26/02/2020
623/261/19 HACC 26/02/2020
623/261/19 HACC 23/01/2020
623/261/19 HACC 23/01/2020
623/261/19 HACC 09/12/2019
623/261/19 HACC 09/12/2019 On the appointment of a trial, On the extension of the period of pre-trial investigation of criminal proceedings
623/261/19 HACC 09/12/2019
623/261/19 HACC 09/12/2019 On the appointment of a trial, On the extension of the period of pre-trial investigation of criminal proceedings
623/261/19 HACC 11/11/2019 Decision on the refusal/granting of the motion for the return of the indictment
623/261/19 HACC 11/11/2019
623/261/19 HACC 11/11/2019
623/261/19 HACC 11/11/2019 Decision on the refusal/granting of the motion for the return of the indictment
623/261/19 HACC 25/10/2019 On the appointment of a preparatory court hearing