In Ukraine the Ancient Greek goddess of justice with a bandage in the eyes ceased to associate long ago with justice and punishment of the guilty. After all the bowl of scales in her hands in most cases favors the one who will put more money. Kenyan saying: "Why to employ the lawyer if it is possible to buy the judge? " very precisely characterizes judicial system in our country. According to data of survey conductedKiev international institute of sociology, the most part of the population is sure that the positive solution of a question in court is impossible without financial stimulation of the judge. 49% believe that corruption in vessels - the large-scale phenomenon, and Themis's representatives extorted bribes from a third of respondents, and about 14% offered them money as a token of gratitude. Don't trust vessels of 90% of Ukrainians.
In the middle of November, 2007 all Nikolaev mass media dazzled with notes thatthe chairman of the Nikolaev economic court Yury Koval was detained when receiving a bribe in especially large sizes. Journalists many versions of for what the high-ranking judge got a bribe moved forward, as well as it is a lot of versions of the detention of Yu. Koval.
One said that he was detained in the office, others that in the city of Odessa.
Here some examples of journalistic materials which left in November, 2007:
"The detention was carried out by the staff of Head department on fight against economic crimes of the Ministry of Internal Affairs of Ukraine. Police officers had the sanction, signed to general pro-curos of Ukraine. The fact of a bribe was recorded by means of a video camera and other technical means. After carrying out all necessary investigative procedures, from Yury Koval recognizance not to leave was taken and he was released. The whole day Yu.Koval was in Odessa and arrived to Nikolaev specially on the planned meeting in the evening where passed detention."
"As it became known from competent sources, police officers "conducted" Yury Koval about a year therefore, the quantity of episodes with bribes can be rather big.Yu.Koval's detention was coordinated with the chairman of the Supreme Court of Ukraine"
But it was information received by "wordsmiths" from informal sources. And here official information on an episode of detention of the chairman of the Nikolaev economic court practically wasn't. The regional Department of Internal Affairs was silent, referring to that all operation was prepared and carried out by capital field investigators. It caused bewilderment not only at Nikolaev, but also in capital journalists. After all the chief of Regional Department of the Ministry of Internal Affairs of Ukraine of that time in the Nikolaev area the general - the militia major Nikolay Pykhtin didn't miss opportunity "to be lit" on the telkanalakh and to tell about the achievements. And on this fact I was "full mum's the word". Nikolayevtsa saw television rollers how he plays soccer, speaks at festive actions and many other things, but only not about Yu. Koval's detention.
In the Kiev ministry which then V. Tsushko directed, nobody wanted to speak about this fact as though it and wasn't...
Though it at least was suspicious, after all as journalists claimed, it was the most high-ranking judge for all history of independent Ukraine who got on receiving a bribe.
Soon conversations on this resonant business ceased. But not on long. The detainee began "to act".
Yu. Koval gave to journalists numerous interviews in which accused law enforcement officers of provocation and beating.
Here only some excerpts from the notes which have appeared after representatives of the fourth estate communicated to the chairmanNikolaev economic court.
"At provocation of bribery by employees of militia I was detained and beaten",- Yu. Koval declared.
According to Yu.Koval, at detention employees of special forces of Regional Department of the Ministry of Internal Affairs in the Nikolaev area beat it within 15-20 minutes, the investigator of the Prosecutor General's Office who runs this business yet didn't approach.
"They didn't tell who they are such and why beat I too I don't know. It was the planned operation on transfer of a bribe and detention", - Koval told.Yury Koval is hospitalized in neurologic office of one of city hospitals of Nikolaev.
"Now I have the concussion, closed cherepno - a brain trauma, a bruise of kidneys, a fracture of an edge, a thorax bruise" - Koval reported. "
Then there was an interview from hospital chamber where there was on treatment Yu. Koval...
There were various versions, for what the judge got a bribe. One of them as showed time, was correct - for pronouncement of the "necessary" decision on recognition invalid contracts of purchase and sale of recreation facility in Koblevo.
"I from procedural documents which showed me, read that I as the chairman of Economic court demanded a bribe from the such - that the person. Actually, I, in - the first, didn't demand and couldn't demand, and this person asked to help under different pretexts, and in - the second, he addressed to me, asked for help on this case which was valid at me in production. This person was enlisted by employees of militia from the very beginning, and he can is the employee of militia, I even don't know as he at all has no relation to business",- Yury Koval spoke in one of interview.
Then the head of Economic court of the Nikolaev area Yury Koval wrote the application addressed to N. Karpacheva, the President of Ukraine V. Yushchenko, and as in the Ministry of Internal Affairs of Ukraine, the State Office of Public Prosecutor of Ukraine and the Supreme Court of Ukraine. In the statement Yu.Koval, in particular, says that against it, according to the resolution of the special investigator of the State Office of Public Prosecutor of Ukraine S. Gorbatyuk of 15.11.2007, criminal case on signs of the crime provided by h is brought. 2. Art. 368 of UK of Ukraine. According to Koval, this resolution is illegal as the investigator isn't the authorized officer for initiation of legal proceedings. According to Art. 24 of the Law of Ukraine "About prosecutor's office" the prosecutor has a right for initiation of legal proceedings or his deputy. Koval also claimed that procedure of detention and carrying out a pretrial investigation was carried out with rough violations of the law.
"22.214.171.1247 Yu. Koval detained without pronouncement of the protocol of detention and interrogation which proceeded till 04:00 mornings that is rough violation, for example, the Law of Ukraine "About the status of judges" and Art. 126 of the Constitution of Ukraine according to which the judge before conviction removal by court can be detained only in a consent of BP of Ukraine.And the consent of BP wasn't received.
126.96.36.1997 the chief of office of Regional Department of the Ministry of Internal Affairs of Ukraine in the Nikolaev area E. Urbansky carried out a search in a study of Koval, and 17.11.2007 S. Gorbatyuk carried out a search of housing in which there lives Koval. When carrying out these searches norms criminally - the procedural legislation were allowed, namely: according to Art. 180 of the Criminal Procedure Code of Ukraine, the search and withdrawal have to be carried out in the afternoon. And the search in an office began at 21:30. Besides, the search was carried out to absence of Koval who at that moment was interrogated by S. Gorbatyuk. According to resolutions on initiation of legal proceedings, it is excited according to S. Gundarev's statement that Koval extorted from it a bribefor definition removal about seizure of recreation facility property "Pearl" during consideration of economic business No. 13/228/07 on the claim Ukrainian - the Moldavian enterprise "Zhemchuzhnaya".In the list of the withdrawn documents, according to the protocol of searches of an office and housing, there is no document or a subject which would have relation to initiation of legal proceedings. And it agrees p.1 Art. 186 of the Criminal Procedure Code of Ukraine, at a search subjects and documents which have values for business can be withdrawn only. When carrying out a search of housing the rights of other person, namely, the judge of Ochakov gorrayonny court A. Entina who lives in this room are roughly violated. And according to Art. 13 of the Law of Ukraine "About the status of judges" and Art. 126 of the Constitution of Ukraine, its housing is inviolable. About what the investigator Gorbatyuk was warned before a search. Despite it, from 21:00 on November 16 and till 15:00 on November 17 quick employees didn't let it to the room.
3.At detention on November 16 injuries are put to Koval. At it closed cherepno - a brain trauma, concussion, a change 12-го edges, soft arterial hypertension. Upon beating Koval addressed to Gorbatyuk wrote the complaint. To reaction to it didn't follow. It is rather, on the contrary -there is pressure from medics.There are cases of pressure upon his family. So, on November 21 concerning the son-in-law Koval - V. Entina - the protocol on an administrative offense according to the Code of Ukraine about administrative offenses is made and administrative detention for a period of 5 days is applied. Entin detained in the absence of the detention protocol.
4.The investigator made request in Economic court of the Nikolaev area according to which materials of affairs which are in production of court are requested and again - have no relation to initiation of legal proceedings. ", - to appear in Yu. Koval's complaints.
After that all forgot about "Yu. Koval's business". It would seem, such resonance has to be exposed on a public inspection on public control of all citizens of Ukraine. But not here that was! Noise ceased and anybody any more didn't speak as affairs with this resonant case are. Yury Mikhaylovich returned on the workplace and, according to certain businessmen, fell back into the old ways, but only now the sums of "thanks" which he demands for the "necessary" decisions, increased twice.
Yu. Koval declared to journalists that he and didn't stop fulfilling the duties - "Simply I any time was on the sick-list. Information on the termination of my powers - simply invention of mass media".
Ah, no! There was one more small note on one of the Nikolaev sites which reported that"on February 6, 2008 the appellate court of Kiev (judge Zhuravel) made the decision on cancellation of the decision of Pechersky district court of Kiev on excitement against Koval Yu. M. of criminal case No. 492267 of November 15, 2007 in connection with insufficient evidential base. In other words, criminal case against the Chairman of the Nikolaev economic court Yury Koval is cancelled. "
Corruption manifestations in the judicial case is a problem of national level, - I recognized the other dayMinister of Justice Nikolay Onishchuk.
"I don't want to accuse someone ogulno, but from all branches of the power which exist, one of the most corrupted is a judicial case. If we want to realize the principle "The law one for all", we have to solve a problem, first of all, with judges. I think that it is quite real",- it is convinceddeputy of the Verkhovna Rada Pyotr Tsybenko.
"In vessels it is necessary to fight against corruption as did it to Saakashvili. It is necessary to carry out recertification for judges, to establish control from the public",- in turn I offereddeputy Nikolay Katerinchuk. Recently and the President disposed to take measures for corruption prevention in vessels and law enforcement agencies, having signed the relevant decree.Victor Yushchenko charged to the government to prepare and submit for consideration of the Verkhovna Rada the law on modification of some laws of Ukraine on prohibition of granting different types of the charitable help for judicial bodies. Didn't stand aside and the governmentYulia Timoshenko. Soon it intends to declare creation of special commission which will carry out large-scale "cleaning" of the judicial case of Ukraine. First of all, persons involved in corruption scandals will lose a judicial cloak. It follows from this that the authorities see a problem and, it seems, even solve it. But experts consider that it isn't enough of it.
The questions connected with corruption in vessels, are submitted for National Security and Defense Council meetings as "menacing to national interests of Ukraine". But questions both were, and remain!
But we will return to "Yu. Koval's business" which could become indicative but why - that didn't become. If this process made public, it could become the most effective method in fight against corruption in judicial system of Ukraine. Much more effectively than numerous statements of politicians... And it isn't important what trial result would be.
But why - that everything passes "on the quiet"!
On June 19, 2008 the Pechersky district court of the city of Kiev, under the chairmanship of the judge L.Tsokol, cancelled the resolution of the investigator in especially important issues of the Prosecutor General's Office of Ukraine S. Gorbatyuk of January 21, 2008 about initiation of legal proceedings concerning Koval Yu. M., concerning an abuse of power contrary to interests of service.
As it is noted in the court resolution, that permissions to carrying out quickly - investigation actions concerning Yu. Koval on which there are links in official reports and protocols of the field investigators working over this business weren't provided to the judge formed the basis for such decision. There is a question - why? There are some reasons. The first: probably, the judge who ran this business simply - напросто has no permission to access to these documents which are under a certain signature stamp. The second: someone, for any subjective reasons didn't provide these documents.
Here the position of the prosecutor D. Volynts who took part in a court session is unclear. It turns out, the Prosecutor General's Office took one step and doesn't want to do the second. If permissions to carrying out quickly - search actions really are also they have a security classification, the judge had to is brought up to date. And from a judgment it is visible that it wasn't made.
Besides, in the resolution of court it is possible to notice direct charges towards field investigators. "The court emphasizes that at the time of initiation of legal proceedings sufficient data on receiving quickly - search data in a lawful way were absent. The investigator at initiation of legal proceedings didn't pay attention to the specified circumstance... "
If to argue logically after that judgments criminal case concerning the investigator upon office forgery had to be opened. But nobody excited any criminal case.
Here also it turns out that we have those who honestly fulfill the official duties don't sleep at the nights, trying to realize the proclaimed principles, remain extreme. After all meanwhile on the party of field investigators who caught the bribe taker by a hand there was nobody, the President who so well tells about how it is necessary to fight against bribes in vessels, the General prosecutor who could be ponaporisty and proves that proceedings are initiated lawfully, the National Security and Defense Council for which meetings this problem as "menacing to national security" was repeatedly submitted, profile committees of the Verkhovna Rada which are simply obliged to interfere with similar processes as arbitrators.... It isn't necessary to forget that judges at us in the country - untouchable, and the decision on removal of immunity the parliament can make faces only. But it in Ukraine doesn't work. About what to speak, even if the Minister of Internal Affairs Yu. Lutsenko is silent, and after all it is his subordinates day and night worked to collect evidential base.
This business from the very beginning, from the moment of detention passed into the political plane. Yu. Koval - the person rather well-to-do and, probably, won't regret money to remain in the chair. And to whom to give - it isn't so important! Main thing result!
According to available information, after detention Yu. Koval asked for the help in a row political forces, but was refused. Perhaps I offered not enough money, or perhaps at all I didn't offer. And, eventually, it was noticed in the hometown of Odessa in the company of the infamous People's Deputy, the former head of the Central Election Commission.
Say what exactly with it and Yu. Koval agreed.
Interestingly he behaves at present, after these solutions of the Kiev vessels.
The other day employees Control - auditing management of the Nikolaev area came to check economic activityNikolaev economic court.But not here that was! Yury Mikhaylovich made row and with the use of obscene lexicon forced the security guard simply - напросто to push out the checking. In a corridor of the building there were many visitors who with surprise watched the events and couldn't understand how the judge is able to afford such behavior. It everything was fixed on a video camera.
Questions remains more, than answers.
One conclusion arises. Certainly it is a pity that it such, - in our country only speak about fight against corruption and bribery in vessels, and in practice visibility of this fight is created. And while the slogan "The Law One for All" remains only the slogan, it isn't surprising why 90% of Ukrainians don't trust vessels.
Авт: Alexander Semenov