The collegium of judges of the High Anti-Corruption
Court decided on Nov. 17 to overturn the court’s historic first ruling (in November 2019), which
convicted appellate judge Nadiya Posunsia of filing a fraudulent electronic
declaration, the Anti-Corruption Action Centre reported that day. This is also
the court’s first ruling that has been overturned owing to the scandalous Oct. 27 judgment
by the Constitutional Court, which determined the punishment for filing
fraudulent declarations to be excessive. That disrupted most of Ukraine’s
anti-corruption framework sponsored by Western institutions, drawing their
criticism and urgings for immediate legislative repair. At least four more
similar convictions for fraudulent declarations will be heard by the court,
which will likely be overturned, said the centre, led by Vitaliy Shabunin.
Zenon Zawada: This is yet
another negative consequence of the scandalous Oct. 27 ruling, which has been
quite destructive, not only for Ukraine’s anti-corruption infrastructure but
also its image among its Western sponsors. It’s quite symbolic that the High
Anti-Corruption Court was forced to overturn its first ruling as a result,
indicating that the Oct. 27 judgment has shaken this critical system to its
core. We expect legislation to emerge gradually to repair the anti-corruption infrastructure,
but many critical convictions – intended a signal to deter others – will be
lost forever. And only after several years of consistent prosecutions and
judgments will trust and respect for Ukraine’s anti-corruption framework be
renewed.