“Dear Ruslan Solvar”. Can corruption in the courts and medical institutions help the former member of parliament avoid going to prison?
“Dear Ruslan Solvar.” Non-film account
Recently, the Supreme Court halted the enforcement of a sentence for a former member of parliament who was found guilty of corruption. Medical documents played an interesting role in this situation. Many Ukrainians believe that everyday corruption at the level of clinics and hospitals is not a problem. They argue that small bribes cannot be compared with the billions that are involved in higher levels. However, this story illustrates how a small act of corruption collaborated with a larger one, as reported by ZN.
We describe how approximately ten certificates prevented Private Solvar from being incarcerated.
The corrupt activities of Solvar: a story about bribery and truancy
On September 22, 2022, former People's Deputy from BPP, Ruslan Solvar, was handed a three-year prison sentence. He received UAH 361,000 from the state budget for supposedly renting a room in Kyiv Hotel, even though he owns an apartment in the city.
Solvar is recognized as a “buckwheat sower” and “truant” in the parliament. Media reports indicate that he bribed voters through second-hand means, distributed items from his “charitable foundation”, had his name featured on a tractor, and even conducted the election campaign with the assistance of poems:
“Enhancing the lives of people,
Yes, dear friend!
You are like a blessing from God for everyone,
Dear Ruslan Solvar!”
“Dear Ruslan Solvar”. Can corruption in courts and medical institutions aid the former member of parliament in avoiding prison?
The mother and relatives of the ex-member of parliament possess property in Kyiv worth tens of millions of hryvnias. In addition, Solvar did not support the draft resolution on the non-recognition by Ukraine of the legitimacy of the elections to the State Duma of the Russian Federation of the VII convocation. However, he, along with other members, signed a submission that led to the Constitutional Court annulling the article that established legal liability for illegal enrichment.
Solvar was found guilty of a corruption offense, and the verdict became effective immediately following its announcement. Therefore, the convict should have commenced serving the sentence after the verdict became effective. However, on November 10, 2022, Judge Mykola Lagnyuk suspended the execution of the sentence.
The Anti-Corruption Action Center revealed that Solvar fled from the courtroom, went into hiding, and then went to the hospital. He did not end up serving even a single day in prison, as he was released once more. Furthermore, the Supreme Court officially acted “in accordance with the powers and in the manner established by the Constitution and laws of Ukraine.”
Introducing Judge Nikolay Lagnyuk, who halted the implementation of Ruslan Solvar's sentence
In reality, the law permits the postponement of sentence execution if the convicted individual (for minor offenses) is severely ill. In general, the intention of the legislator is commendable: if a person is near death, it's better to provide medical treatment in a hospital rather than in prison, especially if they are not a particularly dangerous criminal. However, this allows some devious individuals to conveniently fall ill.
Solvar gave several certificates to the court to confirm his illnesses: the conclusion of a heart specialist, an ultrasound of the OBP + kidneys, and an echocardiography, along with a picture of the lungs. It's hard to say for sure that Solvar obtained all these certificates dishonestly, but their truthfulness is questionable, given the fact that:
1) on September 22, 2022, Solvar showed no signs of serious illness: he was in court, made his final statement, asked for unaltered acquittal, then left the hall and didn't return; the lawyer claimed the client was “anxious and waiting for the verdict in the car.”
2) Solvar received all (except one) certificates after he was convicted;
“Dear Ruslan Solvar”
The verdict is dated September 22, 2022
3) the medical sector is one of the most corrupt in Ukraine: 39.4% of Ukrainians who sought services from medical institutions reported experiencing corruption there;
4) this is not the first instance of high-ranking officials falling ill as soon as they are arrested or deprived of liberty.
Remember that Ilya Kiva was suspected of soliciting a bribe, but he got away with just a fine with the help of a certificate from a psychiatric hospital about disability. And in the spring of 2019, 34 OASK judges did not immediately appear for evaluation, as they allegedly fell ill on the same day. Then the phrase of the OASK chairman, Pavel Vovk, became famous: “If a person is not sure of victory, then it is better to get sick for three days.” Perhaps Solvar heeded the “sheep's” advice.
“Dear Ruslan Solvar”. The possible involvement of health workers
All this suggests that Solvar could have suddenly chosen to “get sick” in order to avoid imprisonment. And not only Judge Lagnuk could have contributed to this, but also staff of medical institutions who issued all the certificates.
Health workers often receive meager pay for a colossal amount of work. This is a serious problem. However, corruption in the lower echelons will not solve the problem, but will only exacerbate it. Getting a reward for unjustifiably issued certificates can help individuals like Ruslan Solvar or Ilya Kiva avoid real responsibility. This allows defendants in corruption cases to evade genuine accountability.
Most likely, when issuing certificates without justification, doctors do not even consider the consequences. But this indicates only one thing: bribes have no place in the medical field, just like anywhere else. Additionally, the argument that ordinary citizens can afford small amounts is also invalid.
Could Judge Lagnyuk have refused to suspend the sentence? Possibly, but chose not to.
Delaying the execution of a sentence is an exception to the general rule of serving a sentence for an offense. Therefore, a valid justification is necessary to use this mechanism. But from the description, it seems that Judge Lagnuk easily agreed with the defense arguments, because he limited his reasoning to one general sentence:
“Dear Ruslan Solvar”
Furthermore, in addition to the presence of a serious illness, the judge must establish that the illness prevents the convicted person from serving the sentence. Two days before the suspension of the sentence, the defender noted that Solvar had new diseases, which – attention! – “may be the result of sudden death.” Obviously, it was meant that diseases can “lead” to tragic consequences; but it is the previous quote that is used in the solution. And Lagnyuk, it seems, was not at all embarrassed by this wording.
If someone is sick and can't serve their sentence, the judge can still choose not to stop the sentence. The law says the sentence can be paused if there are good reasons, but the judge ignored this.
The prosecutor's office got information from the “Health Center of the Main Directorate of the Investigation of Ukraine” that people with diagnoses like Solvar's can serve their sentences in prison under medical supervision and by taking prescribed medicines. The SAP will challenge Lagniuk's decision because it contradicts the information provided by the defense.
What is known about Judge Lagniuk: he likes unfinished objects and walking
In 2017, when Lagnuk was applying to the SC, PROSUD published an investigation about him. In 2015, Lagnuk declared one office apartment in Kyiv for himself (61 sq. m.), another one for his daughter and mother (101 sq. m.) and many unfinished objects near Kyiv: a house of 324 sq. m., a bath of 130 sq. m., a gazebo, a barbecue, a barn, and even his own chapel.
Satellite photos confirmed that the construction was finished long ago: the property has been the same since 2010.
Lagnyuk's “unfinished” housing
Lagnyuk's neighbors confirmed that he has been living in the house for several years, but he didn't put the real estate into operation. Maybe to avoid paying taxes or to use a service apartment in Kyiv without problems.
Also, the judge didn't declare a car, but neighbors say Lagnuk has one. The “unfinished” house has an underground garage, and the photo shows car evidence. And it's not good for the owner of such a complex to use public transport or walk.
The main question remains open: what was the cost of building such an estate? The judge declared only his salary, and the relatives either have no income, or it's insignificant.
We can't be sure that Ruslan Solvar “bought” or “forged” the certificates and “agreed” with the judge for a positive decision. But the circumstances, the questionable biographies of Solvar and Lagnyuk, and the prevalence of schemes with illness certificates suggest this idea.
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