SAP's statement about judge-lawyer mafia will be evaluated by the QDCP

Public generalizations about a person's guilt contained in a publication of the Specialized Anti-Corruption Court violate the presumption of innocence, indicate improper performance of duties by the head, defame the title of prosecutor, and are grounds for disciplinary liability.

Advocate Rostyslav Kravets filed a complaint with the Qualification and Disciplinary Commission of Prosecutors.

In early April, the High Anti-Corruption Court, at the request of a prosecutor from the Specialized Anti-Corruption Court, imposed a preventive measure of detention on the suspected judge. The judge is suspected of allegedly being part of a group that helped men subject to military service to illegally travel abroad and receive a deferral from mobilization.

After the HACC meeting, the SAP telegram channel published a post with the headline «HACC imposed a preventive measure on a sitting judge - a member of the judicial and lawyer mafia in Odesa region».

This publication was the basis for filing a complaint with the QDCP, since, as the applicant noted, the application of a preventive measure is not a basis for such public generalizations about a person's guilt.

According to the Constitution and the CPC, a person is presumed innocent of committing a criminal offense and cannot be subjected to criminal punishment until his or her guilt is proven in accordance with the procedure provided for by the CPC and established by a court verdict that has entered into force. Therefore, charging a person whose guilt in committing a criminal offense has not been established by a court verdict that has entered into force is a direct violation of the presumption of innocence.

In addition, the complaint states that the content of the publication undermines the prestige of the bar and legal profession in general in the country, which leads to a loss of respect and trust in this institution. At the same time, the SAP with these statements commits actions that actually discredit the judiciary.

According to the Regulation on the SAP, its head is responsible for general management of the SAP, determines the main activities of its structural units, organizes, directs and controls the work of subordinate employees. At the same time, the SAP employees are responsible for violation of the Prosecutor's Oath, the Code of Professional Ethics and Conduct of Prosecutors, and official and labor discipline.

Since the Specialized Anti-Corruption Court is currently headed by Oleksandr Klymenko, the complainant believes that he is responsible for the unacceptable behavior of the body. In particular, it is a violation of the requirements stipulated by Article 19 of the Law “On the Prosecutor's Office”, Articles 11, 16, 21 of the Code of Professional Ethics and Conduct of Prosecutors, which manifested itself in the admission of unprofessional behavior that discredits the SAP as a prosecutorial body in the eyes of citizens, and the commission of actions that discredit the title of prosecutor and may raise doubts about his objectivity, impartiality and independence, as well as the honesty and integrity of the prosecutor's office.

In view of the above, the lawyer asks the QDCP to bring O. Klymenko to disciplinary responsibility in the form of dismissal.