Not long ago, news feeds were abuzz with reports about yet another judge-major who acquired luxury real estate in Cyprus. The proud owner of a mansion on the Larnaca seafront, with an area of 570 m2 and a plot of land—1500 m2, turned out to be the Deputy Head of the Kyiv Court of Appeal, Yaroslav Holovachov.
Despite the fact that he worked in the court during Yanukovych’s time, not only did he not lose his position, but he also aimed for an even more coveted seat—the chair of the head of the capital’s Court of Appeal.
All that one has acquired through relentless labor
The fact that judges receive bribes in especially large amounts is no big secret to anyone. However, not everyone can afford to purchase real estate abroad worth 4 million euros. Salary cuts and various bonuses for judges and the overall poor financial situation in the country did not prevent the judge from making the deal in March of this year. Besides the pleasant advantages with its location just ten minutes from the Mediterranean Sea, prestigious neighbors, and a huge house with a pool, elite real estate in Cyprus offers another significant bonus—the opportunity to obtain citizenship for the buyer and their family.
Judge Holovachov did not bother to comment on this scandal, and indeed, what is there to say if the average judge’s salary ranges from 7 to 10 minimum wages, that is, no more than 15 thousand hryvnias. This amount would not even be enough for the monthly maintenance of such a home, not to mention other expenses.
The beginning of the corruption path
Judge Holovachov’s career advanced quite rapidly. His first education was obtained at the Kyiv National Economic University with a specialization in personnel management. However, his first job was already related to law. Without a specialized education, he took the position of a legal consultant at the "Tekhprom" company and continued to pursue further studies. In 2001, he received his law degree from Taras Shevchenko National University of Kyiv and immediately transitioned to the position of a consultant in the Kyiv Court of Appeal. Fitting perfectly into the system, within a year, Holovachov was transferred to the position of an assistant judge in the Court of Appeal, and by 2005, he donned the robe of a judge at the Desnyanskyi Court of the capital.
Whoever drives a Lexus is always right
This is, of course, not the Pechersk Court, but even there, Holovachov found enough space to maneuver. Most issues were resolved quietly, but there were still information leaks. The biggest scandal that garnered media attention during his tenure was related to the resolution of a traffic accident involving a law enforcement officer. The victim of Holovachov’s courtroom decision, Anastasiya Melnychenko, claimed that the case was entirely fabricated. According to the woman, who miraculously survived, the events unfolded as follows.
A Lexus was tailgating her car, impatiently blinding her with headlamps, demanding she yield the road. Due to heavy traffic, the woman could not change lanes. Then the Lexus moved to the opposite lane and, after overtaking her, slammed on the brakes. The woman and her witness, a driver coming from the opposite direction, claimed the road was clear, so the sudden braking was not dictated by objective factors. Most likely, the Lexus wanted to show who was in charge and scare the defiant driver. The front part of Melnychenko’s car was completely wrecked, and the woman and her child sustained minor injuries.
After the accident, the participants, and witnesses stopped, and some even agreed to attend the court. This argument had a peculiar effect on the responsible party, who turned out to be a law enforcement officer. He muttered that he had his own witnesses, and within minutes, his friend, who claimed to be a passenger in the Lexus during the protocol’s completion, appeared and presented his version of the events. At the court session under Holovachov’s authority, the woman’s witness was not admitted, and all petitions from her lawyer were rejected.
According to the judge’s decision, Melnychenko had to pay 3,000 hryvnias for damages to the Lexus, which, by the way, were not documented in the protocol. The woman demanded to suspend the court process until her complaint about the incorrectly drawn protocol was reviewed, but the judge did not agree to this concession either.
Holovachov’s tenure in the Desnyanskyi Court brought another stain on his reputation as a corrupt official. In February 2007, a representative of the "Developer Company MS-Invest" Gavrilova M. B., filed a complaint against Yaroslav Golovachev. She accused him of violating the judicial oath. The investigation into this matter lasted about three years, during which time Golovachev retained his judge’s chair. Moreover, in 2009, he was transferred to the Kyiv Court of Appeal, where he became a judge in civil matters.
A loyal servant of Yanukovych
In 2010, the Secretary of the High Council of Justice, Lidiya Izovitova, known for her love of expensive furs and upscale boutiques, concluded that there were no grounds for convicting Yaroslav Holovachov. Therefore, he had not violated the oath. The brilliant adapter found himself in the judicial circle of dictator Viktor Yanukovych. To be fully integrated, the graduate of one of the country’s best alma maters, Shevchenko University, went on to obtain a third higher education degree at the "Odesa Law Academy" in a special Kyiv branch. At the academy, Holovachov received a specialist diploma in intellectual property and the approval of the powers that be.
Much has been said about the nature of the judicial system during Viktor Yanukovych’s presidency. By 2012, the level of trust of Ukrainians in the courts had reached its nadir—only 2-3% of citizens believed that judges acted within the law. Courts turned into puppets. The Kyiv Court of Appeal was no exception. There were enough scandals here: first, they condemned a pensioner who cut the ribbon from a wreath laid by Yanukovych at the Taras Shevchenko monument, then they renewed the rights of an illegal developer, and then they spun the case of Oleksiy Pukach in a light advantageous to the authorities.
One way or another, with the rise of the new government, little changed for Yaroslav Holovachov. Ironically, in 2014, he was appointed Deputy Head of the Kyiv Court of Appeal. He still holds this position, but his appetites are growing, and expensive real estate requires funds for maintenance.
As the experience of lustration showed, restoring one’s reputation and getting back a cozy state position is very simple. The review of lustration cases is within the jurisdiction of corrupt courts. If the triumph of law does eventually happen and an investigation into Holovachov’s professional activities begins, escape routes are already prepared. The corrupt official awaits a Cypriot passport and a carefree future.
Anna Raiva
03 June 2015 г., 16:40
