In the “apartment case” of Mykytas, another change in the composition of the court took place — Judge Tanasevych has been replaced by Judge Kryklyva. This is already the second change in the panel recently (previously, in March 2023, Judge Kryklyva (Havrylenko), who went on maternity leave, was replaced by Judge Salandiak).
Despite the fact that Judge Kryklyva is well acquainted with the case since she participated in the preparatory proceedings and knows all its intricacies, the defense side insisted on starting to hear the case anew.
Currently, the court must consider the position of the defense party if it insists on conducting procedural actions that were already carried out before the replacement of the judge. In our latest report on the monitoring of the HACC, we mentioned this problem, which may worsen if judges of the first instance are elected to the HACC AC as a result of the competition. We recommended the parliament to ensure that the consent of the participants in the criminal proceedings is not required for the continuation of the proceedings if a judge is replaced.
Now, after almost two years of hearing this case, all the evidence will have to be re-examined. The case will be heard by a panel consisting of Kateryna Sikora, Olha Salandiak, and Tetiana Kryklyva.
Former MP and developer Mykytas is accused of seizing the property of the National Guard in the amount of UAH 81 million. He faces up to 12 years in prison with confiscation of property and a ban on holding certain positions for 3 years.