Another preliminary hearing in the case of the death of Odesa businessman Adnan Kivan within the walls of the scandalous Odrex clinic took place in the Primorsky District Court of Odesa. The criminal proceedings against doctors Vitaliy Rusakov and Maryna Bielotserkivska once again did not proceed to the stage of substantive hearing. The next court session is scheduled for March 12, 2026, UNN reports.
During the preliminary hearing, the defense submitted a number of motions, which subsequently led to the postponement of the proceedings. In particular, the lawyer of doctor Vitaliy Rusakov appealed to the court with motions to return the indictment against his client and to cancel the measures to secure the criminal proceedings (to return the mobile phone and flash drive seized during the search). He also requested documents regarding Adnan Kivan's treatment in other medical institutions.
To familiarize himself with the submitted motions and prepare objections, the prosecutor asked the court for time. The court granted the prosecutor's request and postponed the case, Adnan Kivan's family lawyer told UNN.
Previous postponements and course of the case
This is not the first postponement of the preliminary hearing in this case. During the previous hearing, the proceedings were also postponed. At that time, the reason was the absence of Rusakov's lawyer.
As UNN reported earlier, the absence of a defense lawyer at a court session or the active submission of procedural motions at the preparatory stage is often regarded in legal practice as one of the ways to delay the consideration of a case.
The essence of the charges against Vitaliy Rusakov and Maryna Bielotserkivska
In addition to surgeon Vitaliy Rusakov, oncologist Maryna Bielotserkivska is also involved in the same criminal proceedings. Both attending physicians of Adnan Kivan have been notified of suspicion under Part 1 of Article 140 of the Criminal Code of Ukraine (improper performance of professional duties by a medical worker, which caused the death of a patient).
According to the investigation, during Adnan Kivan's treatment at the Odrex clinic, significant violations of medical care standards may have been committed. In particular, after the surgical intervention, the patient, according to the investigation, was not prescribed mandatory antibacterial therapy (antibiotics), and postoperative complications were not properly responded to, which led to the development of sepsis. According to forensic medical examination, this could have caused the patient's death.
It should be noted that, in accordance with the principle of presumption of innocence, the final legal assessment of the actions of Rusakov and Bielotserkivska must be provided by the court. Currently, both doctors are under a preventive measure in the form of night home arrest and are obliged to wear electronic monitoring devices.
Recall
The "Odrex case" provoked a discussion at the parliamentary level regarding the possibility of amending legislation on liability for medical negligence. In particular, the Verkhovna Rada is discussing possible changes to Article 140 of the Criminal Code of Ukraine, as the current version complicates proving the presence of a crime and actually concentrates responsibility only on doctors, members of the relevant Verkhovna Rada committee note in comments to UNN.
People's deputies also emphasize that a separate direction of possible changes is the reform of the forensic medical examination system. The parliament is already considering a legislative initiative to update approaches to the organization of forensic expert activities, which directly affects the investigation of "medical" cases.
Thus, the case of Adnan Kivan's death became a catalyst for a broader discussion about systemic changes in the field of medical responsibility and patient rights.
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