The HACC Appeals Chamber ruled that MP Liudmyla Marchenko's failure to appear at the hearing was unjustified.

The defense explained her absence by her participation in a Verkhovna Rada committee session, of which she is Deputy Chair. The panel noted, however, that committee sessions are always held via video conference, that the committee would have had quorum to conduct business in her absence, and that no pre-scheduled committee session for June 8 appeared on the Verkhovna Rada's public resources — which the court found may indicate a deliberate arrangement with fellow MPs to create a seemingly valid excuse for the adjournment.

The prosecutor noted that at first instance, Marchenko's committee sessions and other work obligations running concurrently with court hearings had not prevented her from attending. The prosecution also pointed out that it will soon be three years since the offense was committed, and that the full statute of limitations is five years — suggesting the defendant may be deliberately dragging out the proceedings to allow it to expire. The prosecutor characterized this conduct as an abuse of procedural rights.

The panel also observed that the defense's adjournment motion was filed only around 9:40 AM on the day of the hearing — which the court found to be neither timely nor proper notice.

The Appeals Chamber ultimately ruled to compel Marchenko's appearance at the next hearing, scheduled for 1:00 PM on June 18, with execution entrusted to NABU detectives. The court also warned that in the event of another failure to appear, it may consider forfeiting the bail to the state or replacing the preventive measure with a stricter one.