Who are the CCU judges?

Judges of the Constitutional Court of Ukraine who  voted in support of the decision of 27.10.2020

1. Oleksandr Tupytskyi, Head of the Court

Was appointed by president Yanukovych in May 2013. Before this appointment Tupytskyi worked in appellate commercial court in Donetsk and Lviv. 

Assets. In 2012 a judge built a house of 221,5 sq.m. in Koreiz near Yalta in Crimea on a land plot he has owned since 2005. In 2018 he registered a new land plot close to the house according to an official document from Russian State Registry published by Radio Free Liberty investigative journalists. Tupytskyi registered the land plot of 126 sq. m bought from Russian citizen. However, the judge did not declare the land plot in his assets declarations for 2018 and 2019.  

According to his assets declaration judge rents a chalet of 60 sq.m in state sanatorium Koncha Zaspa  and lives in an 4 rooms apartment of 216 sq. m. The owner of the apartment is 80 years old mother of the judge, who actually lives in a village in Cherkassy Region. Judges mother also owns two parking lots in the same premises. The market price of this apartment is more than 1 million USD .

Also a judge uses a house of 485 sq. m in Kyiv. In a city of Vasylkiv close to Kyiv judge and his mother-in-law own five land plots purchased in 2018.

Judge’s wife as an owner of 67% of the company Vega Financial in the USA. She worked an assistant of Party of Regions MP Oleksandr Bobkov, which now cooperates with Russian militants in Donetsk.

Questionable decisions. Tupytskyi was a rapporteur in a case of Zaporizhzhya Ferroalloy Plant. According to the CCU decision NABU lost powers to sue for the invalidation of agreements.

Voted in support of the decision of the CCU of 26.02.2019 on unconstitutionality of criminal responsibility for illicit enrichment.

2. Viktor Horodovenko

Was appointed in November 2017 by all-Ukrainian congress of judges.According to experts Horodovenko was appointed without a competition while the procedure was very formal.

Assets. In his assets declarations for 2013 and 2014 a judge did not declare a car PAJERO WAGON which he owns since 2010.

Questionable decisions. For a long period of time Horodovenko was a head of the Appellate court of Zaporizhzhya region. In spite of legislative restrictions set up in 2010 and 2016 he headed the court from 2005 till his appointment to the CCU.

In September 2013 Horodovenko at staff meeting of courts leadership supported the adoption of the new Criminal procedural code advocated by Mr Andrii Portnov, deputy head of presidential administration who dealt with judicial issues. Mr Portnow also spoke at that meeting.

In 2019 Automaidan submitted to the State Bureau of Investigations a statement about the corruption crime supposedly committed by Horodovenko when he had worked in Zaporizhzhya court. Later the court in Kyiv obliged the SBI to start criminal investigation under the claim.

Voted in support of the decision  in a case of Zaporizhzhya Ferroalloy Plant. According to the CCU decision NABU lost powers to sue for the invalidation of agreements.

Voted in support of the decision of the CCU of 26.02.2019 on unconstitutionality of criminal responsibility for illicit enrichment.

3. Iryna Zavhorodnia 

Was appointed in 2018 by the Parliament (the judge was suggested  by Petro Poroshenko Bloc).  According to DEJURE Foundation the procedure of the appointment violated the Constitution of Ukraine and the Law On the CCU.In particular, the Parliamentary Committee did not allow independent candidates not supported by political parties to participate in the competition.

Zavhorodnia worked in local court and in 2011 after Yanukovych became a president she  was promoted to High Court on Civil and Criminal cases.

Assets. According to NAPC judge failed to declare income of UAH 615 000 in 2018 and UAH 754 000 in 2019.

Judge`s husband is a Russian  citizen. In July 2020 he purchased a three-rooms apartment of 124 sq. m in prestigious residence in Kyiv. The market price of the apartment is nearly UAH 13 000 000.  Two years before, in 2018, Mr Zavhorodnii already purchased an apartment near the residence. NAPC checked the purchase and found discrepancies between the price of an apartment and his official income.

According to judge`s asset declaration for 2019 81 years old mother made her a gift  of almost UAH 3 000 000. Moreover, the old lady in 2007-2008 became on owner of an apartment and land plot in Kyiv. .

Questionable decisions. Voted in support of the decision of the CCU of 26.02.2019 on unconstitutionality of criminal responsibility for illicit enrichment.

4. Oleksandr Kasminin

Was appointed by president Yanukovych in September 2013.

Assets. A judge privatized a state apartment of 150 sq. m in Kyiv which he received for use as a judge.

Judge`s wife owns numerous land plots. In 2010 she received a land plot in the elite district of Poltava free of charge.  In 2017 judges wife received a land plot worth UAH 272 690 in Poltava as a gift. In 2019 on the same day she purchased 11 land plots of 220 000 sq. m in Poltava region at an obviously understated price (nearly USD 1000 for one land plot).

Questionable decisions. Voted in support of the decision of the CCU of 26.02.2019 on unconstitutionality of criminal responsibility for illicit enrichment.

Was against the draft law on Ukrainian EU and NATO membership.

In 2019 judge`s daughter became to work in CCU as judge’s assistant.

5. Victor Kryvenko

Was appointed  in November 2015 by all-Ukrainian congress of judges.

From 1996 till 2016 worked in Supreme Court. From 1996 till 2005 was the head of the Council of Judges. 

Assets. However for the whole life Kryvenko has been working as a judge he ows numerous luxuries real estate in Kyiv and Carpathians. In particular, judge and his wife own two apartments in Kyiv, 44 land plots, a cottage of 256 sq. m in Bukovel resort, a small hotel of 1714 sq. m  in ski resort Dragobrat.

Questionable decisions. According to Ukrainska Pravdain October 2017 Kryvenko suggested to award former CCU judges Yurii  Baulin and Serhii  Vdovychenko. These two judges voted in support for the decision that helped Yanukovych to usurp powers. In 2015 a criminal investigation against judges who took that decision was initiated.

Kryvenko voted in support of the decision of the CCU of 26.02.2019 on unconstitutionality of criminal responsibility for illicit enrichment. Admittedly, his name is mentioned on the recordings published by NABU. According to these recordings Kryvenko supposedly supported the cancelation of criminal responsibility for illicit enrichment under the instructions of Pavlo Vovk, the head of the District administrative Court of Kyiv.

6. Oleksandr Lytvynov

Was appointed  in February 2013 by all-Ukrainian congress of judges.

In 2001-2006  was a judge of Appellate court of Donetsk region; 2006 – 2010 – judge of Appellate court of Lviv region; 2010 – 2013 – judge of  High Court on Civil and Criminal cases

Lytvynov is called the right hand of the head of the Court Oleksandr Tupytskyi. They used to work in Donetsk together and got promoted by Yanukovych.

Assets. However Lytvynov works in Kyiv since 2010 he did not declare any house in the city till 2014. In 2014 he sold a cottage of 25 sq. m and a car Suzuki Grand Vitara 2007 year of manufacture for only UAH 149 900 (this was the threshold amount for payments in cash) in order to avoid financial checks.

Since 2014 judge`s family has lived in state sanatorium Koncha Zaspa.

In 2017 Lytvynov privatized a state apartment of 91 sq. m in Kyiv which he received for use as a judge. In order to obtain a bigger apartment he indicated his son as a family member, although judge had never mentioned a son in asset declaration. In 2017 judge`s wige purchased an apartment for UAH 2 000 000. In 2019 they sold a privatized apartment for UAH   690 000.

Questionable decisions. Voted in support of the decision of the CCU of 26.02.2019 on unconstitutionality of criminal responsibility for illicit enrichment.

At least since 2016 judge`s daughter in lawLytvynova Khrystyna works in the CCU apparatus.

7. Volodymyr Moisyk

Was appointed by president Poroshenko in January 2016.

Assets. According to NAPC Moisyk could not participate in the consideration of the case on e-declarations due to the conflict of interest. In particular, the NAPC submitted to court a report on declaring violations committed by the judges. Three days after the decision of the CCU was taken the Kyiv court was supposed to consider the case and decide whether to bring a judge to administrative responsibility.

Questionable decisions. Voted in support of the decision of the CCU of 26.02.2019 on unconstitutionality of criminal responsibility for illicit enrichment.

In 1995-2002 Moisyk was a judge of the Supreme Court. In 2002 he was lected an MP (as a member of Nasha Ukraina political party). However, he resigned from the court only in 2006, four years after being elected. This was a violation of Articles 78 and 127 of the Constitution of Ukraine.

8. Serhii Sas

Was appointed in March 2014 by the Parliament (the judge was suggested  by Batkivshchyna political party).

In 1994-2014 was an MP (Batkivshchyna political party). From  2007 till  2012 was a member of inter-parliamentary relations with Russia. 

Assets. While being an MP Sas obtained a lot of land plots in Kirovograd region. In particular, from 1994 till 2014 a judge and his wife obtained numerous land plots of more than 90 sq. m (equally to 12 football fields).

Questionable decisions. Voted in support of the decision of the CCU of 26.02.2019 on unconstitutionality of criminal responsibility for illicit enrichment.

9. Ihor Slidenko, a judge rapporteur

Was appointed in March 2014 by the Parliament (the judge was suggested  by Svoboda political party). Earlier used to work as a consultant in the Institute of Legislation in the Parliament.

Assets. According to NAPC Slidenko could not participate in the consideration of the case on e-declarations due to the conflict of interest. In particular, the NAPC submitted to court a report on declaring violations committed by the judges. On November 9 the Kyiv court was supposed to consider the case and decide whether to bring a judge to administrative responsibility.

Till 2017 the judge did not declare any real estate in Kyiv.

According to judges` assets declarations for 20172018 during this period the judge’s expenses exceed his income.  In particular, as of the end of 2017 his savings were equal UAH 350 000 and his income in 2018 was UAH 3 065 530. At the same time, in 2018 judge purchased an apartment for UAH 1 600 000 грн, lent an amount of  UAH 100 000 грн and saved UAH 1 850 000 грн. Thus, judges expenses exceed his income for nearly UAH 500 000.

10. Petro Filiuk

Was appointed in October 2019 by all-Ukrainian congress of judges. According to Automaidan Filiuk`s candidacy was agreed before the congress.

In 2003-2019 – judge of Appellate Court of Volun region.  In spite of legislative restrictions set up in 2010 and 2016 he headed the court from 2004 till his appointment to the CCU.

Assets. Filiuk obtained six land plots of 25 000 sq. m near Lutsk free of charge.  According to him the local council gave him the land as it was a landfill and he cleaned it up afterwards. The market price of the land in that area is nearly USD 1000 for 100 sq. m.

Nowadays there are luxurious buildings on this land plot. In particular, there is one big house, three smaller buildings, two ponds and a gazebo. Market price of the  3 будинки, альтанка та щось на кшталт величезного погребу. The house of 252 sq. m  is registered on the name of the judge`s father. The declared price of the house  is UAH 326 875 грн (nearly USD 13 000), it’s obviously understated.

Son of a judge worked in the prosecutor’s office till December 2019. According to his asset declaration for 2018 рік he owns an apartment and three garazhes  in Kharkiv, two  apartments in Kyiv and Lutsk and two cars BMW 535  Land Cruiser Prado 150 of 2011 year of manufacture. Given his salary in prosecutor’s office he could not afford the purchase of the above mentioned assets. In July 2019 son of a judge purchased a car Mercedes-Benz ML350 of 2013  year of manufacture for UAH 356 355. Although, the market price of the car of 2013 was at least two times bigger.

11. Halyna Yurovska

Was appointed in October 2019 by all-Ukrainian congress of judges. During her presentation at the congress she promised to defend judges interests if appointed to the CCU.

From 2011 till 2016 роки was a judge of the High Court on Civil and Criminal cases. 

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