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Automatically translated version. May contain inaccuracies compared to the original.
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A reprimand was issued to Ivan Yovbak, prosecutor of the Mukachevo District Prosecutor's Office.
The complaint was filed by the head of the Zakarpattia Regional Prosecutor's Office, Myroslav Patskan.
🚫 The Disciplinary Commission found that he did not object to exempting from criminal liability a person who already had prior convictions, and then in a certificate called the court ruling lawful. The appellate court annulled that ruling.
The case concerns criminal proceedings against a person who was accused under part 1 of article 309 of the Criminal Code of Ukraine — illegal acquisition and possession of narcotic drugs. In May 2023, cannabis extract was found in the cab of a MAN truck near the police station in the village of Nyzhni Vorota, Mukachevo district.
21 October 2025 the Volovets District Court exempted the defendant from criminal liability under article 45 of the Criminal Code of Ukraine — due to sincere remorse — and closed the proceedings.
Prosecutor Yovbak, who was supporting the prosecution, did not object to the defense counsel’s petition. He stated that the person was being prosecuted for the first time, voluntarily surrendered the drugs, and had undergone treatment for drug addiction. After that, Yovbak prepared a certificate in which he recognized the ruling as lawful and stated that there were no grounds for an appeal. The certificate was approved at the Mukachevo District Prosecutor's Office and sent to the regional office.
The Zakarpattia Regional Prosecutor's Office reviewed the materials and found that the conditions of the article had not been met. The person already had convictions in cases 2023 and 2024, and another proceeding against them was pending in court. The materials lacked information about genuine remorse and active assistance in solving the crime. Earlier, in 2023, the same court had already exempted this person from liability under the same article, but the Zakarpattia Court of Appeal annulled that ruling in May 2025.
The first deputy head of the regional prosecutor's office appealed the ruling of 21 October 2025. 30 September 2026 the Zakarpattia Court of Appeal annulled it and sent the case back for a new hearing.
The Disciplinary Commission concluded that Yovbak improperly performed his official duties. The commission took into account the prosecutor's positive character reference, the absence of prior disciplinary sanctions, and the fact that the regional prosecutor's office managed to file an appeal on time. Yovbak was given a disciplinary sanction in the form of a reprimand — the mildest form.
The prosecutor can appeal the Disciplinary Commission's decision to the administrative court or to the High Council of Justice within a month.
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