Dynasty of Lviv "Law". Prosecutors 3.0
“The fact of the extortion by the prosecutor of the Lviv local prosecutor's office # 1 is documented. The corrupt officer was detained while receiving an unlawful profit of 12,000 UAH. ", - such a post appeared on Facebook more than two years ago.
Under the eloquent name: "Geninspection continues cleaning even when people fasting."
That is, it was the General Inspectorate of the Prosecutor General's Office.
According to the author - the post is witty. Because the man even put a smiley face.
For “uninitiated people,” this event has gained considerable resonance. Among the unprecedented.
In the last 10 years, I have found only three prosecutors' detentions in Lviv region. And one more thing - when the prosecutor herself gave a bribe.
And yes, they all concerned grassroots workers who were not representatives of influential legal dynasties.
There was one thing in the story - describing the detention, Prosecutor General Lutsenko actually disclosed the data of the operative-investigative activity or the pre-trial investigation.
Lutsenko provided the last name of the detainee.
In principle - after the Prosecutor General is released - he can have considerable legal problems.
After all, he violated the presumption of innocence of this prosecutor, because even before the court decision he called him a “corrupt person” and said on what fact he was detained (“Shagin v. Ukraine” case is testimony to this).
Most likely, it was not accidental that Mykola Kalifitskiy's identification was made.
Dozens of media have lightened up on this news. And further - the journalists have already written that the son of Olexander Kalifitskiy was detained.
The latter - in the past, one of the most influential employees of prosecuting authorities.
Olexander Kalifitskiy, for Yanukovych, headed the prosecutor's office of the Ivano-Frankivsk region, and then, until the Revolution itself, headed the General Investigation Department of the Prosecutor General's Office.
(Foto — pravda.if.ua)
In media he was called a person close to Renata Kuzmina, the first deputy prosecutor general.
And yet - the management sent Kalifitskiy on television.
On November 12, 2010, he was among the participants of the Shuster Live program. At that time, Califitskiy was in charge of the Department of Investigation of Particularly Important Cases in Attorney General's Office.
And, on live television, he threatened former Interior Minister Lutsenko with criminal charges.
The next month, Lutsenko was arrested.
"I consider it necessary to play the record of the program in the part where Kalifitsky threatens me that a criminal case will be instituted and then this threat is realized. I request that this episode be found on the disk," - later Lutsenko will say from the cell, under time of the court session.
He knows all the judges
In this story, you can most clearly demonstrate the connection in the prosecutorial and judicial environment of the Lviv region.
More than two years have passed. The Califitskiy case have not begun to be considered on its merits yet.
And all because it turns out the ex-prosecutor is familiar with literally all the judges of the Sikhiv district court of Lviv. And with a lot of employees. Of course, due to his job responsibilities.
Not surprisingly, Kalifitskiy participated in the 251st case in this court.
Accordingly, seven judges, one by one, recused themselves. And there is a situation that does not leave anyone to listen to the case of Kalifitskiy.
Finally, they directed the proceedings to another court.
Here - everything goes on. And prosecutors recused themselves too. Because with those - Kalifitsky worked, and with those - maintained friendly relations. Still with another, they lived together in retraining courses.
So five prosecutors have changed.
And it concerns a simple, ordinary employee of the district prosecutor's office. And “half of Lviv knows” him
Vitaliy Komorniy's father, from the prosecutor's office of Lviv region, worked in Rivne region as a prosecutor of the region.
(I. Komorniy - Foto - ogo.ua)
And then - the head of the department in the Prosecutor General's Office, which dealt with representation in the courts.
Vitaliy Komorniy's brother - Olexander - is a judge of the Lviv district court.
(O. Komorniy - Foto - Lviv University of Trade and Economics)
Dmytro Chuvashov, cousin of Vitaliy and Alexander Komorniy - in Zaporizhzhya region - Deputy Head of the local prosecutor's office.
There are many judicialy - prosecutorialy dynasties. And for some reason, the positions of such prosecutors must inevitably be linked whith involvement in court .
Here is Prosecutor Olena Danyliv. She works in a department that supports state prosecution in the prosecutor's office of Lviv region. She goes to court as a public prosecutor.
And her husband is Judge of Pustomytivsky District Court Yevhen Danyliv.
But in the current position of Olena Danyliv since 2013.
Prior to that, she had worked in the Pustomyty district prosecutor's office for almost 16 years.
One district, prosecutor's office and court are a clear conflict of interest.
Of course, I did not mention in the publications all prosecutorial dynasties and their families in Lviv region. To do this, you need to write a dozen articles. About Markiv, Bukalovskiy, Slyvka, Senechyn, Nikolin, Popovich, Ukrainets, Andres, Slysh, Zdankevich and more.
The problem of judicial dynasties - it exists, and this also circular bail ... There is a tendency that too many relatives are in the courts, prosecutor's office, and other law enforcement agencies. I cannot say that this is a problem in itself. The question is how objectively this is. Unlikely. Because for a long time, in a non-transparent way, family members have been appointed and very often hit on the principle of family relations, -says Mikhail Zhernakov, a member of the Public Council of Integrity, judge in the past .
For ten years, human rights activist Viktor Chernomsky has personally known how prosecutors and judges work:
There is a so-called procedural prosecutor who, by law, does not in fact bear any responsibility for a bad investigation. But it does affect. The investigating officer is completely dependent on that prosecutor. He cannot step to the right, step to the left - without agreeing with the prosecutor.
After all, the prosecutor has the power to bring the investigator to disciplinary responsibility. Or, for example, to open criminal proceedings, for example, for negligent treatment of their duties.
The vast majority of prosecutors did not come from the streets and did not “come” to the contests. They work - because their parents and relatives are behind them.
In this system, to bring charges or not, it is decided in a family or friendship - with a cup of coffee or tea.
Family clans direct their activities for personal enrichment, - Viktor Chernomsky is convinced.
The issue was agreed in the prosecutor's office of the region
In the meantime, in 2016, Ukraine and the EU jointly set out a reform agenda (Association Agenda). The key is the fight against corruption and reform of the prosecutor's office. Aid to Ukraine - EUR 304 million.
Plus - within the framework of the Rule of Law Reform Program - Ukraine is allocated EUR 52.5 million.
Another € 83 million is part of the EUAM Ukraine program. The mission promotes reform, including the reduction of corruption.
Probably, European taxpayers would be shocked by the state of the prosecutorial and legal environment. Connectivity and dynasty of all clans. What are the real results of the financial assistance received, including the reform of the prosecution?
Here, I mentioned the five detained prosecutors in the Lviv region. That's all I've found in ten years.
Do you think this is how amateur they were engaged in?
Here, in the trial of the ex-prosecutor from Brody district. The video of the silent investigative actions was viewed by the participants of the case.
What is visible in the video? Prosecutor Volodymyr Lukyanchuk in his office prints out and hands over the accused to the accused. Therefore, from whom he demanded money.
Sheet of paper with the inscription.
“The issue of re-qualification and probation was agreed by the prosecutor's office of the region where $ 700 should be sent. $ 700 by the end of the day / $ 700 - 07/22/2015 (day before court) ”.
V. Lukyanchuk's case continues to be heard in court.
Yeah, reforms. The issue was “agreed upon by the prosecutor's office of the region”.
* The material uses data from the Unified State Register of Judgments and the Register of Declarations of Family Relations and Integrity.
** 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.
Taras Zozulinskyy, 15.08.2019
This material was supported by the "OPEN Media Hub", and funded by the European Union
The investigation used a "YouControl" analytical system
The first part - "Dynasty of Lviv "Law"
The second part - "Dynasty of Lviv "Law". Prosecutors 2.0"