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At the end of 2014, the decision of the Supreme Administrative Court of Ukraine annulled the results of the tender for privatization and sale of the well-known in the capital Repair and settling station ROP-1 in Pechersk, near Vydubychi Lake.
For the past three years, the capital’s prosecutor’s office has been defending the city’s communal property, which was illegally expropriated, back in 2001. In order to return the illegally expropriated communal property, it remains to terminate the contract of sale. However, the judges are not in a hurry to make a legal decision on the case.
Thus, with regard to Presiding Judge Natalia Volkovytska, council experts record and draw attention to decisions based on political motives, corporate solidarity, manipulation of circumstances or legislation. The judge covered up the dishonest and unethical behavior of his colleagues, neglecting responsibility not only for his own behavior but for the activities of the justice system as a whole. It also allowed actions or omissions that led to the distribution of cases in court in violation of the principle of randomness when using an automated system or otherwise interfered with the automated distribution of cases. She did not react to known cases of dishonest or unethical behavior of colleagues, covered such behavior or known facts of illegal activity of judges, court employees, neglecting responsibility not only for her behavior but for the activity of the justice system in general.
Judge Serhiy Mohyl, a member of this panel, also failed to pass the examination of the experts of the Public Integrity Council, which was confirmed in their conclusion, namely the use of family ties to pursue a career or receive unjustified preferences. Failure to explain the origin of liquid assets, expenses, benefits received (his, family members or relatives) and/or legal income, in the opinion of a prudent observer, casts doubt on the sufficiency of acquiring such assets, making such expenditures, obtaining benefits. He did not react to known cases of dishonest or unethical behavior of colleagues, covered such behavior or known facts of illegal activity of judges, court employees, neglecting responsibility not only for his behavior but for the activity of the justice system in general. Like Judge Natalia Volkovytska, she allowed actions or omissions that led to the distribution of cases in court in violation of the principle of randomness when using an automated system or otherwise interfered with the automated distribution of cases.
As can be seen only from a cursory study and brief conclusions of the Public Integrity Council, such judges are weak to violations and motivations in the exercise of their powers. Therefore, to expect from the shameful representatives of Themis the realization of the rule of law, in vain.
We draw your attention to the fact that the Supreme Administrative Court found violations and canceled the privatization of the property of the capital community. The decision came into force a few years ago. And the economic judiciary, contrary to the established facts, refuses the formal requirement — the cancellation of the contract of sale of the property. There is a stalemate when there is a de facto legal owner of the property — the community of Kyiv and there is a formal — with an illegal contract for the acquisition of this property.
Such situations and others related to such decisions should remain only as a reminder of the negative example of corruption in the judiciary. And this is possible only after the total removal of garbage, which has appropriated the right to distort the command of the law.
As Dmytro Kachur, a public figure and member of the Public Council at the State Property Fund, notes: “We should try to control the actions of the authorities, not to allow them to violate the law and fight for their constitutional rights. Whether a citizen becomes a source of power depends on each of us. ”