Taras Poshyvanyuk participated in the discussion «Ensuring the right to a fair trial in the practice of the High Anti-Corruption Court»

Taras Poshyvanyuk, partner at EQUITY, participated in the discussion  «Ensuring the right to a fair trial in the practice of the High Anti-Corruption Court.»

The event was organized by the legal publication Yuridychna Gazeta.

During the discussion, Taras Poshyvanyuk shared his views  on the lack of consistency  in judicial practice, and emphasized the need to return to the Plenum's practice to establish a clear and consistent position on key issues.

Additionally, he spoke about situations in which the courts of first and appellate instances in the High Anti-Corruption Court assess motions to close proceedings differently due to the expiration of the pre-trial investigation period. According to Taras Poshyvanyuk, this creates a problem of legal certainty for all participants in the process.

He also highlighted the issue of inconsistent classification of identical actions under different articles, specifically 364 and 191 of the Criminal Code of Ukraine. Sometimes, the change in classification occurs during debate or due to the expiration of the statute of limitations. This, according to the expert, puts HACC judges in a difficult position, effectively making them hostages to the tactics of investigators and prosecutors.

Thank you to the Yuridychna Gazeta for organizing the discussion and to all the participants for the constructive and interesting conversation. 

EQUITY continues to support professional discussions that aim to improve judicial practices and strengthen the principle of fair justice in Ukraine.