Trukhanov’s pressure on judges: appeal
The Odessa mayor Gennady Trukhanov's actions are seen as direct interference with the judges' work, according to the judges SUG.
On February 28, 2023, the judges of the South-Western Economic Court of Appeal reached out to the High Council of Justice and the Prosecutor General to report interference in their work in the administration of justice, as per part four of Article 48 of the Law of Ukraine “On the Judiciary and the Status of Judges.”
The judges decided to bring up the issue of pressure from the Odessa City Council and its divisions, as it made up 20% to 30% of their cases throughout the years, for discussion during a meeting.
Following the discussion, the Southwestern Economic Court of Appeal's judges unanimously decided to support their colleagues' appeal and also seek help from the High Council of Justice and the Prosecutor General regarding interference in the administration of justice by judges.
The court was dealing with the appeal of the Odessa City Council and the Executive Committee of the Odessa City Council, regarding a decision from the Economic Court of the Odessa Region dated June 28, 2022 in case No. 916/3698/20, according to the judges' message.
The case involved declaring illegal and revoking the decision of the Executive Committee of the Odessa City Council No. 237 dated 07/03/2020, which resulted in the registration of a public building (100%), without acknowledging the ownership of certain parts of the building by another person at the time of the case.
Trukhanov’s pressure on judges: appeal
The appeal was based on two video appeals made by the Odessa mayor Gennady Trukhanov, as a representative of the local government and a public figure, to the citizens of Odessa, which were publicly available on official resources: https://t.me/odesacityofficial/15102 and You-Tube channel of the Odessa City Council – Dumskaya, 1 https://www.youtube.com/watch?v=jpajgzB31eg and further distributed on local telegram channels.
The main points of the video messages were:
- today’s decision is the actual legalization of the crime;
- since 2015, no legal procedure, decision of the Executive Committee or session has been challenged;
- we will turn to the VRP and do everything within the law to restore justice;
- in wartime, this decision is not only against the city, but also against the whole of Ukraine;
- Our position is clear and transparent: Russov’s building belongs to the inhabitants of Odessa. And while the military is fighting at the front, we must fight for our rights on the home front: to protect our property, including from such “immigrant adventurers”;
- we preserved it and kept it for the people of Odessa, so that it will only belong to the people of Odessa, and I will personally support this till the end;
- the court session only lasted 3 minutes;
- the court supported a man known for his many deceptions and who is wanted internationally.
In the statement, the judges point out that Odessa mayor Gennady Trukhanov is also the chairman of the Executive Committee of the Odessa city council, which is the defendant in this case.
However, based on the analysis of the video messages from the Odessa mayor to the citizens of Odessa, it is evident, first, that he is unaware of the subject of the claims in the case, as commented on by the public, and in general about the procedure of the trial.
The court did not consider or decide on the issue of recognizing ownership by any other person in the context of this case. The litigation only concerned the assessment of the legitimacy of the state registration of full ownership of the building, assuming there is another, not legally terminated, ownership of a part of the building by another person, which was not included in the subject of this case, but will be clarified in other court cases.
The false and manipulative statement about the court dispute being considered in just 3 (three) minutes distorts the true consideration of the case, as the case was heard in court sessions from 09/15/2022, with numerous breaks announced, including at the request of the Odessa City Council and the Executive Committee Odessa City Council.
Such public statements create an inaccurate and negative impression about the functioning of the courts, whereas all procedural documents of the court are publicly available in the Unified State Register of Court Decisions according to the Law of Ukraine “On Access to Court Decisions”.
Secondly, through video messages, Odessa mayor Gennady Trukhanov actually gave a legal assessment of the court decision in a public plane and in a non-procedural way, accusing the court of criminal acts.
The first video was primarily aimed at influencing judges to issue a specific court decision in favor of the defendants in the future, while the case was still being reviewed by the panel of judges and the dispute was not resolved on the merits.
The judges find it extremely cynical to draw parallels with the country's war, given that the essence of the legal dispute arose long before the military invasion of Ukraine, and the war is a painful reality for every conscious Ukrainian.
Thus, these videos essentially aimed to foster a negative attitude towards the court and its decision in society, the full text of which had not even been compiled and published at the time of the second video message.
These video messages are still accessible to the public, disseminated by media representatives, including on social networks, local Telegram channels, and have become available to a wide audience.
According to the judges, these actions by the Odessa mayor indicate:
- getting involved directly in the work of judges in carrying out justice;
- trying to affect the fairness of the group of judges and the decision in a non-procedural manner in order to influence a future judgment in favor of the defendants;
- discrediting, weakening the power of judges, the court and justice in general.
Also, the judges noted that a person was singled out in the video appeals, who was not actually personally involved in the court proceedings. However, there have been requests from the public to assess his actions, which is not related to the court or the Odessa City Council according to the law. This is a direct manipulation of public opinion.
According to international and national laws, the court is one of the three branches of power in a democratic state, which are all important and none of them is considered greater than the others.
Article 6 of the Law of Ukraine “On the judiciary and the status of judges” requires state authorities and local governments not to make statements or take actions that could weaken the independence of the judiciary.
Judges consider that any complaint about a judge’s actions cannot be seen as interference or pressure, as it is a constitutional right.
The law does not really limit people's rights to make complaints to the High Council of Justice. However, the Law of Ukraine “On the judiciary and the status of judges” warns against misusing the right to make complaints against a judge to pressure them in relation to their work.
At the same time, when commenting on the decision of judges, the executive branch should avoid groundless criticism that could undermine the independence of the judiciary or public confidence in it.
However, considering the mayor’s actions as a whole, his focus in the second video on his intention to appeal to the High Council of Justice is actually a threat to the outcome of the case.
The judges' meeting is convinced that such public statements are a direct threat to the judges of the Southwestern Economic Court of Appeal, as they aim to take over the judicial branch of power and control it entirely to impose one’s own will. This goes against the principles in the Constitution of Ukraine and is punishable by law.
When they appeal to the High Council of Justice, judges are requesting real actions to uphold the independence of judges as guaranteed by the Constitution of Ukraine, to prevent behavior that might be seen as influence and interference in a judge’s work in justice administration, and for the Prosecutor General to assess the actions of the chairman of the Odessa City Council under article 376 of the Criminal Code of Ukraine.
Natalia Mamchenko, translation Skeleton.Info
DOSSIER: Gennady Trukhanov: governor of the Odessa mafia. Part 1
