Inside a prison where Russia tortured Ukrainian POWs
The Olenivka POW camp, located in the Russian-occupied part of Donetsk Oblast, was a notorious Russian-controlled prison where Ukrainian prisoners of war and civilian hostages from Mariupol have been subjected to torture. The Kyiv Independent’s War Crimes Investigations Unit will name those responsible for torturing prisoners in Olenivka.
Skip to content
Edit post

Watchdogs say Ukraine’s judicial reform on brink of catastrophe

by Oleg Sukhov June 24, 2022 11:00 PM 4 min read
This audio is created with AI assistance

Ukraine’s leading anti-corruption watchdogs issued a statement on June 24 saying that the Ethics Council, the judicial reform's main body, has undermined trust in the process by approving tainted candidates for top jobs and vetoing an anti-corruption crusader.

“Since the Ethics Council’s decisions are concealed and there is no public communication of the motives for such decisions, the Ethics Council jeopardizes the trust in the reform’s results,” the Anti-Corruption Action Center, Dejure and AutoMaidan said in a joint statement.

The watchdogs lambasted the Ethics Council for destroying transparency. The council has banned broadcasts of its interviews with candidates, citing alleged security risks due to the ongoing Russian invasion.

According to the three organizations, the Ethics Council’s decisions may lead to “catastrophic” results both for judicial reform and Ukraine’s European integration prospects. Judicial reform is a key requirement for Ukraine’s accession to the European Union.

Two civil society activists, who spoke with the Kyiv Independent on conditions of anonymity, said the Ethics Council has decided not to communicate with the civil society in an alleged effort to prevent external influence. As a result, it has come under the influence of corrupt actors, the two said.

Lavly Perling, one of the foreign members of the Ethics Council, denied the accusations of wrongdoing.

“All Ethics Council arguments concerning the candidates will be set out in the decisions, which will be published on the website,” she said.

“The Ethics Council’s views on why real-time broadcasts are not currently available have also been repeatedly explained and published. Transparency is a value for the Ethics Council, but it is also the council’s responsibility to ensure the safety of candidates and their family members. All interviews are recorded and will be published after the martial law.”

The Ethics Council comprises three Ukrainian judges and three foreign experts. Four members are needed to approve a decision. If the vote is split equally, the foreign members’ opinion prevails.

The foreign experts include British judge Anthony Hooper, U.S. judge Robert Cordy, and Lavly Perling, an ex-prosecutor general of Estonia.

The council’s task is to select members of the High Council of Justice, the judiciary’s highest governing body, based on ethics and integrity standards.

Tainted candidates

In May, the Ethics Council approved the candidacies of incumbent High Council of Justice members – Inna Plakhtiy, Oksana Blazhivska, and Vitaly Salikhov – claiming that they meet integrity standards.

AutoMaidan, Dejure, and the Anti-Corruption Action Center said that these candidates had violated asset declaration rules, refused to punish numerous judges implicated in corruption, and persecuted whistleblowers and anti-corruption crusaders. They have also voted for appointing tainted judges recognized by civic watchdog Public Integrity Council as not meeting integrity standards.

Specifically, Plakhtiy has refused to open probes against Pavlo Vovk, the head of the Kyiv District Administrative Court. Blazhivska has refused to open a probe against Vovk’s deputy Pavlo Ablov, while Salikhov has refused to initiate a probe against another judge of Vovk’s court, Kyrylo Garnyk.

Meanwhile, Blazhivska's sister Natalia used to be a judge at the Kyiv District Administrative Court herself under Vovk’s leadership.

Vovk, who has been charged in two corruption cases, has become a symbol of lawlessness and impunity in Ukraine. Ablov and other judges of his court also face corruption charges.

Blazhivska, Salikhov, and Plakhtiy have also been implicated in other wrongdoings, according to the anti-corruption watchdogs. They did not respond to requests for comment.

In 2015, Plakhtiy was investigated in a bribery case at the Lutsk city court. She says the case has been closed.

In 2011 she also issued a ruling despite having a conflict of interest. Her daughter Kateryna Trots was a representative of the plaintiff.

Blazhivska became a judge in 2010 after her father became a deputy of pro-Kremlin Prosecutor General Viktor Pshonka, an ally of ex-President Viktor Yanukovych and a suspect in a corruption case. Previously, her sister Natalia Blazhivska has admitted that her father had helped her become a judge.

On June 23, the Ethics Council also approved the candidacies of lawyer Vyacheslav Talko and judge Olena Zaichko. The anti-corruption watchdogs say they also have violated asset declaration rules and do not meet ethics and integrity standards. They did not respond to requests for comment.

Meanwhile, Talko may have top-level political protection since he has co-founded firms with several members of President Volodymyr Zelensky’s team, the anti-corruption watchdogs said.

In 2020, Zaichko also issued a ruling in favor of a firm investigated for unlawful acquisition of land plots in collusion with Kharkiv’s authorities. Immediately after the ruling, her children got an apartment free of charge from Kharkiv City Hall.

Whistleblower judge

While tainted candidates were greenlighted by the Ethics Council, a well-known anti-corruption crusader was not, watchdogs say.

On June 23, the Ethics Council vetoed Larysa Golnyk, a judge at Poltava’s Oktyabrsky Court, claiming that she does not meet integrity standards.

The Ethics Council has not yet published its reasons for vetoing Golnyk. Perling from the Ethics Council told the Kyiv Independent that the motives for the decision would be published on June 24.

Golnyk, Ukraine’s most famous whistleblower judge, has become a symbol of integrity for civil society watchdogs.

In 2015, Golnyk published video footage featuring Poltava Mayor Oleksandr Mamai pressuring her to close a corruption case against him. She also published footage of his deputy, Dmytro Trikhna, unsuccessfully trying to bribe her in exchange for closing the case. They deny the accusations of wrongdoing.

Trikhna was sentenced to a two-year suspended term in January, while Mamai remains unpunished.

Golnyk has also accused Oleksandr Strukov, an ex-chairman of her Oktyabrsky Court, of pressuring and physically assaulting her in connection with the Mamai case, which Strukov denies.

Golnyk was also beaten by unknown men in 2017 in what she sees as revenge for her whistleblowing campaign. The police have failed to identify the attackers.

“For many Ukrainians (Golnyk) has become the symbol of honesty, resilience and zero tolerance for any manifestations of corruption," Dejure, AutoMaidan, and the Anti-Corruption Action Center said. “We believe that this decision by the Ethics Council is absolutely mistaken and kills the trust in the process and results of the Ethics Council’s work. It demotivates those who publicly fight corruption in the courts and motivates those who keep silent about it.”

Golnyk is skeptical about the prospects of judicial reform. She believes that a lack of transparency has led to disappointing results.

“The philosophy of the judicial reform was to appoint people who would come to (the High Council of Justice) to break the system,” she told the Kyiv Independent. “Agents of change were needed. But we have not achieved and will not achieve this.”

Support independent journalism in Ukraine. Join us in this fight.
Freedom can be costly. Both Ukraine and its journalists are paying a high price for their independence. Support independent journalism in its darkest hour. Support us for as little as $1, and it only takes a minute.
visa masterCard americanExpress

News Feed

7:40 AM

White House: Costs of not supporting Ukraine too high to pay.

"If you think the cost of supporting Ukraine is high now, think about how high it’s going to be in national treasure and in American blood if we have to start acting on our Article Five commitments," U.S. National Security Council spokesperson John Kirby said.
3:43 AM

Russia shells 4 communities in Sumy Oblast.

Russian forces attacked four communities along the Sumy Oblast border on Dec. 8, firing 6 times over the course of the day, the Sumy Oblast military administration reported.
Ukraine Daily
News from
Ukraine in your
inbox
11:00 PM

Zelensky signs 4 laws required for EU accession.

However, the law on reforming the Specialized Anti-Corruption Prosecutor's Office (SAPO) signed by Zelensky failed to fully repeal the so-called Lozovyi's amendments, which are thought to help those suspected or accused of corruption to avoid responsibility.
7:32 PM

International Maritime Organization to send mission to Ukraine.

"This decision, as well as the non-election of Russia to the International Maritime Organization Council for 2023-2024, shows the protection of the international maritime community's right to free navigation of every country," said Infrastructure Minister Oleksandr Kubrakov.
6:27 PM

Russians, Belarusians to be allowed to compete as neutral athletes at 2024 Paris Olympics.

Under the rules, Russian and Belarusian athletes will not be able to participate as teams nor display any flags or any official identification with either country. Athletes or support personnel who have openly supported the war will not be allowed, as will anyone who has served or is affiliated with either the military or security organizations of Russia or Belarus.
5:39 PM

Prosecutors: Ukrainian spy who coordinated Russian attacks in Odesa identified.

According to the prosecutors, the individual began spying for Russia in October and was tasked with taking pictures of the locations of Ukrainian troops, as well as defense and energy infrastructure in Odesa, which he then sent to his Russian contacts. He also allegedly photographed the aftermath of Russian strikes in the oblast so that future Russian attacks could be corrected for a more accurate result.
MORE NEWS

Editors' Picks

Enter your email to subscribe

Please, enter correct email address

Subscribe

* indicates required
* indicates required

Subscribe

* indicates required
* indicates required

Subscribe

* indicates required

Subscribe

* indicates required
Successfuly subscribed
Thank you for signing up for this newsletter. We’ve sent you a confirmation email.