Dynasty of Lviv "Law"

 
  • Тарас Зозулінський

- And who should they be? Janitors? Machinists? Newspapers seller ?, - one officer of the special forces could not calm down. A few years ago we talked about family ties and prosecutorial closed system. At repeated meetings, the special appointee was able to talk about everyone: police officers, burglars, judges, even his colleagues and management.

But when the conversation started about prosecutors, he was replaced. As they say - was closed in themselves.

Not that he was scary. With his colleagues, he exposed more than one judge, invented such special operations that no director in Hollywood will be able to implement.

- Prosecutors - are special, closed world. There's the "newcomer" is not. They supervise the legality of all bodies. Everyone. It is better not to deal with them.

Gods on Olymp

And this is actually true. Most people are convinced that everything in the legal field depends on the judges.

In fact, prosecutors have much more authority.

For example. The SBU, the police, the DFS (tax police), the NABU, or the DBR carry out search and search activities. Listening, tracking.

Prosecutors supervise the observance of the law in the field of investigative activity.

The next stage is the pre-trial investigation.

Supervision - again, prosecutors. They are the procedural directors.

The next is the court. Prosecutors represent the interests of the state and the citizen in the courts.

Prosecutors also continue to investigate a significant category of crimes which they lead.

At any of the described stages, a person, whether later in the status of a suspect, an accused - whether an ordinary criminal, or an entrepreneur whose business is “taken away”, can complain to the prosecutor's office about all actions of law enforcement officers.

Much depends on the prosecutors. At the stage of the investigation, as procedural directors, they can get one of the participants of the case out of the blow - by closing criminal proceedings against that person.

The prosecutor can change the article to a milder one to ask for less punishment in court.

Even when the case is already in court, the prosecutor can withdraw it. And close it.

Prosecutors can do very, very much.

Originally from the USSR

Andriy Paliuh believes that his lustration from a leading position in the prosecutor's office is unfair. Two years after his release, he told one of the press conferences that not all prosecutors could be measured on a single line.

(Foto — http://logos-ukraine.com.ua)

Andrii Paliuh started working in the prosecutor's office since 1988. In 2004, he held the position of prosecutor of Lviv. It is interesting that Paliuh also worked in the department of state prosecution in the courts of the prosecutor's office of the region.

There is such a tendency in the Lviv region - prosecutors directly work in courts, participating in meetings. And their immediate family are the judges.

The same situation has Paliuh. His wife was appointed a judge of the Nikolaev district court in 2006. However, in 2007, she was transferred to the position of a judge in the Railway Court. Although the courts in Ukraine are several hundred, but Natalia Paliuh was in Lviv. Where the prosecutor's office was headed by her husband.

Igor Liush worked for many years in the prosecutor's office in Lviv region.

(Foto - Igor Liush – “Lviv Post”)

Something so strange coincided, but Liush's son - Andriy, in 2008 was appointed a judge ... in the Lviv Railway Court. Where the Paliuh's wife work.

And in 2010, both of these prosecutors became deputy prosecutor of the Lviv region.

By the way, Liush's son - judge, since 2013 he is the deputy chairman of this court.

* In response to the request, Judge Natalia Paliuk listed a number of legislative acts and stated: “in accordance with the provisions of these Laws, a judge has no relation to the appointment and transfer of a judge or prosecutors. I also inform you that I do not have the information you request about to assist any person in the appointment and transfer of judges or prosecutors,” — the judge wrote. *

Judge A. Liusch also responded. Andriy Ihorovych, on the merits of the questions asked, replied: “… I emphasize that with a person named Palyukh, I am not familiar and so unknown to me. Also, I do not know what positions this person held in the prosecutor's office during his work. Also, before my appointment as a judge of the Lviv Railway District Court in 2008, with Judge Palyukh Natalia, I was also not familiar.

I also consider it necessary to state that the assumptions made by you in the affirmative form regarding the improper appointment of a judge due to the intervention of third parties without grounded and substantiated evidence are inadmissible ”, - wrote A. Liush.

Example

Of course, judges should be guided by the law and be as impartial as prosecutors.

But it is hard to believe when prosecutors Paliuh or Liush are present at the hearing. To support state prosecution. And two deputy prosecutors of the region - the Paliuh-husband and Liush-father.

Indeed, even in banal administrative cases, a potential conflict of interest can be traced. In cases involving long-time acquaintances and are considered by a completely different judge.

The mantle colleague N. Palyukh from the Railway Court - Ivanna Ivanyuk.

(Foto -  Facebook — Ivanna Ivanyuk)

On September 22, 2017, she ruled and convicted Zebu Taras of committing an administrative offense by awarding a minimum administrative penalty.

He was a relative of Ludmila Zemba, co-founder of Tanais-LTD. According to the Unified State Register of Legal Entities and Individual Entrepreneurs, the other co-founder of this organization is Myhailo Gumenchak - the father of Judge Natalia Paliuh.

And how does Ivanna Ivanyuk explain it?

“… At the time of the consideration of the said case, the information you provided was not known to me, the accuracy of such information is not known to me at the moment, furthermore, such information would in no way affect the objectivity or impartiality of my decision” - answered request by Ivanna Ivanyuk.

Instead, N. Paliuk wrote that she was on vacation at the time when the ruling was issued and that she was not aware of the case.

“… I do not have information that Zemba Taras Antonovich is a relative of Zemba Lyudmila Igorevna, and therefore the conflict of interests regarding the consideration of the said case by the judge of the Lviv Railway Court, Ivanna Ivanyuk I do not see.”Judge Paliuh argued his position.

They may not really be relatives today. But in the past they were for sure. The court order itself states the registration address of Taras Zemba. Lyudmila Zemba was also registered at the same address in the past. According to Youcontrol, back in 1996, the same address was listed as the legal address of Tanais-LTD, which was then personally managed by Ms. Paliuh, now a judge.

(Natalia Paliuh, screen shot from video used)

Job placement and tendering

But back to Judge Liush. He has a cousin. Oksana Deyneka (Yarema). For many years she was married to Victor Dayneka. He made his career in the Territorial Department of the State Judicial Administration of Ukraine in Lviv. In 2011 he was appointed to the position of first deputy chief.

And the son of the ex-prosecutor, Judge A. Liush, besides his sister, has a wife.

Maria. And it is so strange that, several years ago, she came to work in this very department of the State Judicial Administration of Lviv region.

To my question whether Mr. Deyneka does not see a conflict of interest in the above facts, I received the answer that "the information requested is not public".

No-no - nobody lobbies anyone. This is such an accident in judges and prosecutors.

But readers will think that the judicial administration decides there. What influence it can has. It is not the judge.

Not at all. Because judges have to be friends with the administration. It is her management, for example, that decides in which court and which premises need to be renovated. Or - what to buy. And how much.

So - about another "not conflict" of interests.

Already in 2014, Deyneka became the head of the Office. And - chairman of the committee on competitive bidding. Tenders were held. Two years - "A. Omega" won the repair of one of the district courts. With the founders - Buffan. Dad and son.

And another son, Nazar Buffan, has until recently worked in the prosecutor's office of the Lviv region.

As I wrote, Victor Deyneka was the chairman of the competitive bidding committee.

At that time his wife, Oksana Deyneka, works in the prosecutor's office of Lviv region.

Even in a department that also handled state prosecution in the courts.

Star of General Pisnyy

No less striking dynasties are associated with the Palyukhov - Liushiv - Daynek clans.

From December 2009 (until he came to the post of deputy prosecutor of the region), Paliuh for about a year supervised the prosecutor's office of Shevchenkivskyi district.

His assistant was Galina Boreyko. Her last name said nothing to the average citizen. But actually ...

(Galina Boreyko. Photo - prosecutor's office of Lviv region)

Not anyone was helping Prosecutor Paliuh but Vasily Pisnyy's niece. The latter was a proven and good friend of Yuriy Lutsenko. It is with Lutsenko that all career professional career of Pisnyy is connected.

As the Minister of Internal Affairs, Lutsenko appointed Pisnyy to lead the police of Ternopil region. And later - Pisnyy appointed to Lviv region.

During the presidency of Yanukovych - Pisnyy did not remain unemployed, and led the newly created Office for Investigation of Particularly Important Cases of the State Tax Administration of Ukraine in the Western Region.

He was also a deputy, and later, the first deputy chairman of the Lviv Regional Council. Close to Stepan Kubiv. It was Kubiv, at that time the people's deputy, who spoke in the regional council in support of the candidacy of Pisnyy for election as the first deputy chairman. They were both from the Front Zmin, and in 2012, they became candidates for the people's deputies from Batkivshchyna.

Even before, the walls of the Lviv Oblast Council, Pisnyy and Kubiv were repeatedly noticed together.

After the Revolution, Pisny was appointed to head the Department of Economic Crime of the Ministry of Internal Affairs.

Lutsenko was a lobbyist in the appointment to the next post of Pisny - Deputy Chief of the Main Directorate for Combating Corruption and Organized Crime of the Security Service of Ukraine - People's Deputy of Ukraine V. Parasyuk stated this from the rostrum of the Verkhovna Rada.

Such is Galina Boreiko's influential uncle - Vasily Pisny.

So, when she was helping to Paliuh, she becomes a prosecutor in the department, which deals with the representation of interests of citizens and the state in the courts.

Well to pull all those relatives - into positions related to the courts.

In addition, representatives of prosecutorial dynasties are inevitably working in elite divisions - fighting against all kinds of corruption. In mass these departments are called - "breadly".

In Boreiko there was also a counteraction to crime and corruption in the field of transport.

Last position - Head of the department of organization of activity in the field of prevention and counteraction of corruption of the prosecutor's office of the region.

Well - since 2016 - it's golden time.

Lutsenko was elected prosecutor general. Her Uncle Pisnyy's friend.

And Lutsenko by his order appointed Galina Boreyko to the position of deputy prosecutor of Lviv region. As she explained - she sees no problems - because there is no competition for this position.

In short, everything is okay. Again, there is no “conflict of interest”.

By the way - Boreyko's previous post - Head of Corruption Prevention and Counteraction Unit - was "inherited" by Oksanа Deineka. At that time wife of VicOksana Deynekator Dayneka, head of the judicial administration. Oksana Deyneka is Judge Liush's cousin. Whose father worked with Paliyuh. Who shared the experience with Boreiko.

And prosecutors are also people. Oksana Deyneka divorced. Her current husband is Taras Yarema. He also worked for the Deputy Prosecutor of Lviv and the Chief of various departments of the Prosecutor's Office of the

Now here - in department of prosecutor's office of the area which in organization and management of investigation of the State Bureau of Investigation is engaged.

A capable guy. Considering that in the years of successful career advancement, Yarema was the son-in-law of Oksana Kuntsik. Who has been doing justice in Lviv for over 20 years.

A capable son-in-law

Other characters are worth mentioning. When Paliuh was in charge of the prosecutor's office of the Shevchenkivskyi district, where he was assisted by Galina Boreyko, Adrian Dutkovsky was the deputy prosecutor of Lviv.

For several years he heads the prosecutor's office of Frankivsk district.

And after the Revolution, he was transferred to the head of the department, which dealt with, inter alia, the state prosecution in court.

And the prosecutor of the Frankivsk district - appoint Paliuh.

From the end of 2014 - Dutkovsky became Deputy Prosecutor of Chernivtsi region.

(Foto - Facebook Adrian Dutkovsky)

Adrian Dutkovsky is the son-in-law of Vladimir Karalus. Which - just last year resigned. He worked as a judge for 25 years. The last ten in the Lviv Administrative Court of Appeal.

The judge has two brothers. For almost three years, Igor has been in charge of this court. Of course, again there is "no conflict of interest". Lubomir Karalyus - he worked at the Lviv customs.

The Lviv Administrative Court of Appeal is a key court in several areas that deals with disputes where one of the parties is an authority. For laid-off workers who have fallen out of favor - for example, prosecutors - is a hope. Sometimes - the only one. It is problematic to “decide” something in the High Courts.

(Vladimir Karalus - Photo - Public Council Integrity)

Customs. Smuggling. Judges

The said Galina Boreiko has a cousin. Natalia Pisna. That is, the daughter of Lieutenant General Vasily Pisnyy.

Her husband is Nazar. And the father-in-law is Stepan Vorozhbyt. Both have worked for many years in customs.

In 2010, both got into an extremely unpleasant story. In the fall, the new leadership of the State Customs Service of Ukraine (which came to power with Yanukovych) conducted an exchange of information with Polish colleagues. As a result, interesting facts were established.

From the orders of the State Customs Service it can be learned that in only 15 days, and only at one customs post of Rava-Ruska, 97 cars with goods leaving Poland did not enter the territory of Ukraine. Or they came in empty.

What does it mean? I investigated this topic in the materials of the Customs Mafia of Ukraine. It's corny - black and gray smuggling. The first is when, at the Polish customs and border bases, the goods wagon leaves the country and does not enter us.

Did it evaporate?

And gray smuggling is when it leaves full - and on the territory of Ukraine goes empty. Here - and overload schemes and so on.

So - for these facts several tens of customs officers were released from different posts. For breach of oath.

Among them is Nazar Vorozhbyt.

The customs officer went to court and first won the case in the Lviv Regional Administrative Court and then in the Lviv Administrative Court of Appeal. At work resumed. Even the money was paid - for the time of forced absenteeism.

The judges found a way to “explain” everything.

Because - according to border guards - the border was not crossed.

Laughter and no more. That was the point. The scheme was that the cars were not fixed. But for the judges, this argument is iron - and if they did not cross, how should customs officers conduct customs clearance?

And Pisnyy's son-in-law was renewed in the customs authorities.

And his dad, Stepan Vorozhbyt, worked in the service of combating smuggling of Lviv customs in those years. In fact, he should have prevented such cases.

He was also released - on other grounds: for breach of oath.

And Stepan Vorozhbyt went to the administrative courts. Similarly, he won the case.

… In 2014, Pisnyy managed the Economics Department of the Ministry of Internal Affairs. And, surprisingly, his relatives were pursuing a career in customs.

In 2014, his son-in-law became the deputy head of "Krakowiec", and in 2015 - the customs post of "Mostys'ka", and then - "Lviv-postal".

Instead, Stepan Vorozhbyt - manages the department of the customs office "Grushiv".

By the way, during this time he was once again released.

A story happened when a coal truck passed through a Rava-Ruska customs post. Customs missed it. And from the Poles, they found cigarettes.

The car had 60,000 packs hidden. Vorozhbyt was in charge of the customs clearance department that clearanced the truck.

Currently, the case is in cassation - in high courts. In Lviv, Stepan Vorozhbyt won the case in the District and Appellate Courts. He works in customs.

Of course, Karalus worked in the Lviv Administrative Court of Appeal - with a history of "no conflict" of interests.

Even considering that Karalyus' daughter - Julia Dutkovskaya - is the prosecutor of the local prosecutor's office # 1. She is also the wife of the current deputy prosecutor of Chernivtsi region.

(Foto - Facebook Julia Dutkovskaya)

Paliuh's daughter is working with her. Prosecutor Liliya Andriivna.

Liliya Palyiuh came to work in the prosecutor's office of Lychakiv district in 2015. And she had evidence of law experience. From the firm "Tanais LTD" mentioned above. The one where her grandfather co-owns.

And normally - they immediately took the prosecutor's office. She worked there exactly 9 months. Released.

And within a couple of months, she had already been appointed prosecutor of Kamianko-Buzky department of the Radekhiv local prosecutor's office. Here, she gained a little bit of experience - and she became prosecutor of the local prosecutor's office # 1 of Lviv.

Big family

This is how they work, live and be friends with each other, replacing each other and supporting key prosecuting and law clans in Lviv.

Now imagine - when prosecutors - at all levels - with the police, the Security Service of Ukraine, tax collectors, and, of course, judges, have connection like family or friends.

Closed system created. With a circular guarantee. The system in which ordinary people get to work is almost impossible. Unless in the lower positions. No chance of making a career.

Ordinary people have another purpose - to work for the sake of law. However, the posts of prosecutors and judges are not intended for bribery but for the proper functioning of the judicial system. And if there is a conflict of interest all the time, how can they work properly?

This system is dangerous because it is closed to others. Perhaps much more capable and professional.

The system is designed so that you do not actually find the truth and justice. And it is very rare that you will be able to defend the infringed right.

Such a prosecutorial and legal system has existed in Lviv region for over 30 years. Ever since the Soviet Union. Another country, presidents, reforms are changing - but the same "families" are carrying out the Lviv "Law".

What human rights activists say

The President of the NGO “Guardians of the Law”, Viktor Chernomsky, as a human rights activist and public figure, defends the rights of Lviv citizens for more than 10 years:

- The clans of judges, prosecutors, police, lawyers are so interconnected that a person who falls into their web cannot get out of there - even if person is not at fault.

When the person is guilty, it has the opportunity to get out - on bribes.

The whole system is deeply interconnected, and when criminals, especially dangerous ones, have the money to buy those prosecutors, then any proven case is broken. Investigators - guided by their inner convictions - will not see the acts of crime. Prosecutors will agree with this - because they are "all" relatives.

This prosecutor today has a case being handled by a relative of another prosecutor or investigator. And they know that in this situation, they can so force a person that it would be unrealistic to get out of it.

An example is Valery Kushch, a public activist who was beaten and robbed in the center of Lviv in 2014, not far from the Halych district police department.

The attacker was detained by militiamen. He confessed in everything. But the case, which has a number of witnesses, is still pending before the Halych District Court in Lviv.

The case is blocked by Lviv Local Prosecutor's Office # 1.

Valery Kushch told me that the head of this prosecutor's office - Roman Saputsky even asked not to write a complaint to the judge - for the fact that the case had been considered for four years.

They are all interconnected, they are all familiar with each other in work, cover each other - the circle is closed, - said Viktor Chernomsky.

V.Kushch told an interesting detail that can explain such a long course of his case:

- The attacker himself, in the court session said: “I have already paid $ 50,000. And $ 5,000 to the investigator. " He declared it to the judge - under audio record, - declared V.Kushch.

* The request for access to public information was sent to the employees of the prosecutor's office and the customs service mentioned in the investigation at the official addresses of the relevant departments of these state structures. In all cases, emails have been received that the requested information is not public.

Despite this, I again tried to obtain and submit the position of the mentioned persons. Therefore, similarly, a "request for comment" was sent with a list of questions. Responses came from the customs authorities that the data were not accepted for processing because they were not addressed to the management. An appeal to the press service did not give result.

Instead, from prosecutors no response to the request for comment was received. If, however, the answers to the questions are answered, they will be published in the following sections.


Taras Zozulinskyy, Andriy Petryshyn, 13.08.2019

This material was supported by the "OPEN Media Hub", and funded by the European Union

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The investigation used a "YouControl" analytical system