“Dear Ruslan Solvar.” Non-movie story
Recently, the Supreme Court stopped the serving of a sentence for an ex-deputy convicted of corruption. Medical certificates played an interesting role in this story. Many Ukrainians believe that everyday corruption at the level of polyclinics/hospitals is not a problem. They say that small bribes cannot be compared with the billions that are spinning “on top”. But this story is about how a small evil played along with a big one, writes ZN.
We tell how about ten certificates saved Private Solvar from prison.
The buckwheat sower and the truant: a story corrupt Solvar
On September 22, 2022, ex-People's Deputy from BPP Ruslan Solvar was sentenced to three years in prison. He received UAH 361,000 compensation from the budget for allegedly renting a room in the Kyiv Hotel, although he owns an apartment in the capital.
Solvar is known as a “buckwheat sower” and “truant” of the parliament. Media reports that he bribed voters… second hand. He handed out things from his “charitable foundation”. His name was posted on the tractor. And the election campaign was also carried out with the help of poems:
“Helping people better,
Yes, dear friend!
You are like God’s gift for everyone,
Dear Ruslan Solvar!”
The mother and relatives of the ex-deputy have property in Kyiv worth tens of millions of hryvnias. And also – Solvar did not vote for the draft resolution on non-recognition by Ukraine of the legitimacy of the elections to the State Duma of the Russian Federation of the VII convocation, their results and legal consequences. But, together with other deputies, he signed a submission by which the Constitutional Court canceled the article establishing criminal liability for illicit enrichment.
Solvar was convicted of a corruption crime, the verdict entered into force immediately after its announcement. Therefore, the convict must serve his sentence immediately after the entry into force of the sentence. But already on November 10, 2022, Judge Mykola Lagnyuk stopped the execution of the sentence.
The Anti-Corruption Action Center reported that Solvar escaped from the courtroom, went into hiding and went to the hospital. It turns out that he did not serve a single day in prison, when he was released again. And most importantly, the Supreme Court formally acted “on the basis, within the powers and in the manner provided for by the Constitution and laws of Ukraine.”
In fact, the law allows to delay the execution of the sentence if the convicted person (for minor crimes) is seriously ill. In general, the intention of the legislator is noble: if a person is almost dying, let him be better treated in a hospital than in prison, especially if he is not a particularly dangerous criminal. But this allows some cunning people to start getting sick “on time”.
Solvar provided a bunch of certificates to the court to confirm his illnesses: the conclusion of a cardiologist, and ultrasound of the OBP + kidneys, and echocardiography, and a picture of the lungs. It is impossible to say for sure that Solvar “bought” all these certificates, but their veracity is questionable, given the fact that:
1) as early as September 22, 2022, Solvar had no signs of serious illness: then he was in court, delivered his last word and asked to leave the acquittal unchanged, and then left the hall and did not return; the lawyer stated that the client was “worried and waiting for the verdict in the car.”
2) Solvar received all (except one) certificates after he was convicted;
3) the medical sector is one of the most corrupt in Ukraine: 39.4% of Ukrainians who applied for services to medical institutions, indicated that they received corruption experience there;
4) this is not the first case when top officials start to fall ill as soon as they are arrested or deprived of liberty.
Recall that Ilya Kiva was suspected of extorting a bribe, but he got off with only a fine with the help of a certificate from a psychiatric hospital about disability. And in the spring of 2019, 34 OASK judges did not immediately appear for evaluation, because they allegedly fell ill on the same day. Then the phrase of the chairman of the OASK, Pavel Vovk, became famous: “If a person is not sure of victory, then it is better to get sick for three days.” Perhaps Solvar listened to the “sheep's” advice.
“Dear Ruslan Solvar”. The potential role of health workers
All this indicates that Solvar could suddenly decide to “get sick” so as not to sit behind bars. And not only judge Lagnuk could contribute to this, but also employees of medical institutions who wrote out all the certificates.
Health workers often receive paltry pay for a colossal amount of work. This is a serious problem. But corruption in the lower classes will not solve the problem, but will only worsen it. After all, receiving a reward for unreasonably issued certificates can help people like Ruslan Solvar or Ilya Kiva get away with it. This allows the defendants in corruption cases to avoid real responsibility.
Most likely, by writing out certificates without reason, doctors do not even think about the consequences. But this testifies only to one thing: bribes generally have no place in the medical field, just like anywhere else. And the argument that ordinary citizens can afford small amounts is also nullified.
Could Judge Lagnyuk refuse to stop the sentence? Could, but didn't want to
Postponement of the execution of a sentence is an exception to the general rule of serving a sentence for an offense. Therefore, proper justification is needed to apply this mechanism. But from the definition, it seems that Judge Lagnuk very easily agreed with the arguments of the defense, because he limited his rationale to one general sentence:
Moreover, in addition to the presence of a serious illness, the judge must establish that the illness prevents the convicted person from serving the sentence. Two days before the suspension of the sentence, the defender noticed that Solvar had new diseases, which – attention! – “may be the result of sudden death.” Obviously, it was meant that diseases can “lead” to tragic consequences; but it is the previous quote that is used in the solution. And Lagnyuk, it seems, was not at all embarrassed by this wording.
Even if a person is ill and this prevents him from serving his sentence, the judge can always refuse to stop the sentence. The law establishes that “the execution of the sentence […] may be suspended” if there are appropriate grounds. However, this was also ignored by the judge.
In conclusion, the prosecutor's office received information from the “Health Center of the Main Directorate of the Investigation of Ukraine” that persons with diagnoses like Solvar's can serve their sentences in penitentiary institutions under the supervision of medical staff and taking outpatient prescribed medicines. The SAP will challenge Lagniuk's decision, as it believes that this refutes the information provided by the defense.
What is known about Judge Lagniuk: a connoisseur of unfinished objects and walking
Back in 2017, when Lagnuk was just applying to the SC, PROSUD published an investigation about him. In 2015, Lagnuk declared one office apartment in Kyiv for himself (61 sq. m.), another one for his daughter and mother (101 sq. m.) and many unfinished objects near Kyiv: a house of 324 sq. m. m, a bath in 130 sq. m, a gazebo, a barbecue, a barn and even your own chapel.
At the same time, satellite photos confirmed that the construction was completed a long time ago: the property has been unchanged since 2010.
Lagnyuk's neighbors confirmed that he has been living in the house for several years. But he did not put real estate into operation. Perhaps in order not to pay taxes or to calmly use a service apartment in Kyiv.
Also, the judge did not declare a single car. But the neighbors confirm that Lagnuk has it. It is not for nothing that the “unfinished” house has an underground garage, and the photo shows traces of a car. Yes, and you need to get to work somehow, it’s not good for the owner of such a complex to use public transport or walk. =”wpg_image” width=”940″ height=”529″ />
And the main question remained open: what was the cost of building such an estate? After all, the judge declared only his salary, and, according to the declaration, the relatives either have no income, or they are insignificant.
We cannot say for sure that Ruslan Solvar “bought” or “forged” the certificates and “agreed” with the judge about a positive decision for himself. But all the circumstances of the case, the dubious biographies of both Solvar and Lagnyuk, and the prevalence of schemes with certificates of illnesses suggest just such an idea.
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