Position: judge of the Lutsk city-district court of the Volyn region
Sphere of corrupt activity: justice.
Region of corruption : Volyn.
Qualification: Part 2 Art. 369-2 of the Criminal Code of Ukraine - acceptance of an offer, promise or receipt of an unlawful benefit for oneself or a third person for influencing the decision-making by a person authorized to perform the functions of the state or local self-government, or an offer or promise to exercise influence for the provision of such a benefit is punishable by a fine of two thousand up to five thousand five hundred tax-free minimum incomes of citizens or imprisonment for a term of two to five years.
Status: at large. On April 22, 2024, the Appellate Chamber of the Higher Anti-Corruption Court released Oleg Yushchuk, a former judge of the Lutsk City District Court of the Volyn Region, from punishment due to the expiration of the statute of limitations.
Earlier, he was sentenced to three years of imprisonment. The statute of limitations has expired in the case, as abuse of influence is a minor crime, the time limit for prosecution in which expires five years after the commission.
The story of the case: Back in 2018, Oleg Yushchuk was arrested for receiving $500 in illegal benefits. He promised the person, in respect of whom a protocol was drawn up for driving a car while intoxicated, to influence the decision-making by his colleague Andriy Sivchuk. The latter, in fulfillment of the agreements, allegedly had to close the case against the violator. On March 15, 2018, the judge announced the need to transfer the bribe to a third party, who turned out to be a lawyer. It happened at the judge's workplace. For this money, he promised to influence the decision of his colleague, judge Andrii Sivchuk. In July 2022, the High Anti-Corruption Court found Oleg Yushchuk guilty and sentenced him to three years in prison.
On March 8, 2023, the Appellate Chamber of the High Anti-Corruption Court considered the complaint and partially satisfied it in terms of invalidating one of the protocols. However, the decisive part of the sentence did not change - three years of imprisonment. The verdict entered into legal force.
On April 11, 2023, the Supreme Council of Justice decided to terminate Oleg Yushchuk's honorable resignation, thus depriving him of a lifetime monthly allowance of approximately 100,000 hryvnias per month or 80% of the judge's salary.
On October 30, 2023, the Supreme Court annulled the decision of the Appellate Chamber of the Higher Anti-Corruption Court, which upheld the sentence of Oleg Yuschuk, former judge of the Lutsk City District Court of the Volyn Region. The defendant was sentenced to 3 years in prison, but now he will have to hear the appeal from the beginning. The judges noted that the AP VAKS allowed contradictions in the formulation of its conclusions by excluding the protocols of secret investigative (search) actions from the evidence, while at the same time continuing to refer to the content of these protocols to confirm the conclusion of guilt.
Persons potentially involved in Oleg Yushchuk's schemes: Judge Andriy Sivchuk. In 2021, he received a disciplinary sanction in the form of a warning from the High Council of Justice for not informing the VRP about the pressure exerted on him by Oleg Yushchuk.
Scandals : The media is not aware of this.
Persons who should have responded to Oleg Yushchuk's corruption schemes:
In the case of Oleg Yushchuk, law enforcement agencies and the prosecutor's office worked well. It should be pointed out to the lawyers of the former judge - they managed to have the case considered by the court for more than five years. As a result, the defendant was released, as the statute of limitations had expired in the case.
Assets: Apartment in Lutsk 40 square meters, Suzuki Ignis and Fiat Doblo cars, salary 1 million UAH for 2020.
Sources:
The Supreme Court overturned the sentence of the former judge from Lutsk
The Appeals Chamber released the former judge from Lutsk from punishment