Automatically translated version. May contain inaccuracies compared to the original.
The classified verdict in Mykola Zlochevskyi’s case was one of the main reasons why the question of changing the legislation on such cases was raised.
In September the High Anti-Corruption Court approved a plea bargain with former acting Head of the Presidential Administration Serhii Pashynskyi in the case concerning seized petroleum products. Debates around this agreement are still raging, raising a number of new questions about similar judgments. One of these is the secrecy of plea bargain texts, writes Transparency International Ukraine senior legal advisor Pavlo Demchuk in the article “Fair deal: do plea bargains really work in major corruption cases?”
“The texts of some verdicts based on plea bargains, including those in the cases of Pashynskyi, former head of the Western Commercial Court of Appeal Borys Plotnitskyi, and other defendants, are completely classified. Because of this, it is impossible from the court’s and SAP’s public communications to learn what exactly the state received in exchange for reduced punishment. And since these often involve well-known people, public outrage becomes an expected reaction to such secrecy,” the author writes.
According to Demchuk, one of the first such verdicts that remains among the most high-profile was the agreement with former Ecology Minister Mykola Zlochevskyi. Zlochevskyi tried to offer NABU and SAP a bribe of 5 million dollars so that they would close the case against him. A deal with him was concluded in August 2023. Under that agreement Zlochevskyi was fined 68 thousand hryvnias. He also donated 660 million hryvnias to the Armed Forces of Ukraine. And nothing more. The verdict in the case was fully classified, so the public could not find out whether the parties complied with the “public interest” rules or whether the state truly benefited from those arrangements.
“That agreement in fact became one of the main reasons to talk at all about updating the legislation on such verdicts. And since then we at TI Ukraine have consistently emphasized the need to publish the maximum permissible amount of information about a plea bargain so that such questions do not arise from Ukrainians,” Demchuk writes.
He explains that classification very often cannot hide a defendant’s cooperation with the investigation. And that is the direct function of secrecy.
“After all, if by law a convicted person is obliged to testify against accomplices, those accomplices will learn about the agreement anyway through the mere fact of the case’s segmentation,” the expert notes.
At the same time he recalled that the HACC already knows how to close off individual data from verdicts without classifying the entire text. For example, in the case concerning the head of the Local Roads Agency of Poltava region the court kept public the justification of the public interest and other parts of the verdict. And Pashynskyi’s verdict was initially classified as well.
“Which we immediately signaled was a rather bad precedent. The HACC quickly responded to our criticism and published a partially redacted verdict that clarified the details of that agreement,” Demchuk concluded.
In September, Servant of the People deputy head Serhii Vlasenko registered draft law No. 15563 in the Verkhovna Rada “On Amendments to the Criminal Procedure Code of Ukraine and the Law of Ukraine ‘On Access to Court Decisions’ regarding the transparency and publicity of plea bargain agreements.” If adopted in the form Vlasenko submitted it, the document could nullify the institution of plea bargains in criminal corruption cases.
In 2024 the Servant of the People party also lobbied a draft law on plea bargains that experts and anti-corruption organizations criticized because it would have allowed top-level corrupt officials to buy their way out of responsibility. As a result, the bill did not reach second reading. At that time the head of the Specialized Anti-Corruption Prosecutor’s Office, Oleksandr Klymenko, explained in an interview with Inna Vedernykova that the institution of plea bargains is a normal global practice, but not as it was proposed by the “servants.”
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