On December 11, the HACC decided that after the replacement of a judge in the panel, it was unnecessary to start the trial of Trubitsyn from the beginning, although the defense had requested this. In this case, Judge Tanasevych was replaced by Judge Fedorak.
The panel of judges noted that the new judge had already reviewed all the materials of the court case, including audio recordings and reports, and therefore the court considered it inexpedient to repeat procedural actions, that is, there was no need to hear the case anew.
The first preparatory hearing in Trubitsyn’s case was held in June 2023. In September of the same year, the panel began hearing the case on the merits. The case is at the stage of evidence review.
Earlier, the HACC had started to hear the case anew because Judge Tanasevych was replaced, in particular in the Kyivzelenbud case, Zontov’s case, Mykytas’ “apartment case,” and the “KDAC tapes” case.
In the last report on the monitoring of the HACC work, we indicated that similar situations had already occurred before. After the replacement of a judge, the participants in the case against Olena Polishchuk, the former official from the Ministry of Agrarian Policy, insisted on a new round of procedural actions that had already been carried out before the replacement. The panel of judges recognized this as an abuse of procedural rights. In particular, at that time it was about Oleh Koliush, who had been appointed as a member of the HQCJ. However, this practice turned out to be incorrect, since the appellate court had already overturned Polishchuk’s verdict due to the fact that the renewed panel of judges did not start hearing the case anew.
According to the investigation, Trubitsyn, in collusion with close associates and officials of municipal enterprises, organized a scheme to extort money for permits to install outdoor stands in various districts of Kyiv.