On January 14, 2025, the HACC panel of judges decided to recommence Svichenko's case following the replacement of Judge Tanasevych with Judge Moisak. Serhii Svichenko is a former executive of companies controlled by ex-MP Onyshchenko, allegedly implicated in the embezzlement of funds from the sale of gas of Ukrgasvydobuvannya.
Judge Moisak has already reviewed the case materials and familiarized himself with all procedural decisions. However, the defendants and their defense lawyers demanded that the trial restart entirely, arguing that the new panel member should hear all oral evidence and party discussions from the beginning.
This is not the first time such a situation has occurred. The court previously restarted the trial in May 2023 when Judge Havrylenko was replaced by Judge Khamzin.
Similarly, the replacement of a judge on the panel resulted in new proceedings in the Kyivzelenbud case, the Zontov case, the “housing case” of Mykytas, and the “DACK records” case.
In its most recent HACC monitoring report, TI Ukraine highlighted this potential issue, which could intensify following the HACC competition. The law should stipulate that the consent of the participants in criminal proceedings is not required for the continuation of the trial in the event of a judge's replacement. Audio and video recordings of all sessions enable new judges to review previous events.