Already on June 25, the Kyiv District Court of Odesa is scheduled to hold the next hearing in the case of Odrex clinic doctors Vitalii Rusakov and Maryna Bielotserkovska, who are accused of improper performance of professional duties by a medical worker, which, according to the investigation, could have led to the death of businessman Adnan Kivan. Although the case has been heard for more than six months, it has essentially returned to the starting point. Why this happened and what risks it creates for the entire criminal proceedings, read in the material of UNN.
Initially, the proceedings were considered in the Prymorskyi District Court of Odesa. However, after a series of motions by the defense, the case was transferred to the Kyiv District Court. Along with the change of court, the composition of judges also changed, and therefore, in accordance with the requirements of the Criminal Procedure Code, the trial had to start anew.
Vitalii Rusakov
However, even after the transfer of the case to the new court, the hearings could not proceed to the consideration of the merits. Preliminary hearings were repeatedly postponed due to the absence of the defendants' defense lawyers. The reason for the postponements was the prolonged sick leave of the attorneys.
Can Ukrainian patients protect their rights in the event of a medical error?26.05.26, 15:00
Lawyers with whom UNN spoke note that numerous recusals, postponements of hearings, changes of court, and other procedural actions can lead to delays in the consideration of the case. According to experts, in criminal proceedings with relatively short statutes of limitations, such tactics are often used by the defense to close the case without a verdict.
Against this background, additional attention was drawn to the behavior of one of the accused doctors – surgeon Vitalii Rusakov. He recently publicly stated that he had returned to medical practice and since April 2026 had performed more than 45 operations within the walls of the Odrex clinic.
Not even a court ban stopped the scandalous doctor. Despite being suspended from the positions of surgeon, endoscopist, and head of the surgical department, he publicly admitted that he continued to operate at Odrex. The doctor explains his actions by saying that the ruling applied to the LLC "House of Medicine," whereas he now works through the LLC "Medical House 'Odrex'." However, for patients, colleagues, and witnesses in the criminal proceedings, the difference between these legal entities is hardly noticeable: the clinic, staff, and operating rooms remained the same.
It is this circumstance that the prosecution drew attention to. During one of the hearings, the prosecutor stated that Rusakov's return to work creates a risk of his contact with clinic employees who may be witnesses in the criminal proceedings.
Another distinct line in this case has been the public conflict between Rusakov and the prosecutor. In recent months, the accused doctor has been actively maintaining social media pages, where he regularly comments on the course of the high-profile trial, and, as experts believe, may be capitalizing on the death of his prominent patient.
In a new vlog, Rusakov claimed that the prosecutor's actions are supposedly a "targeted persecution," and called the criminal process itself an attempt to punish him before the court's verdict. At the same time, the scandalous doctor did not provide any evidence that could confirm these accusations.
Furthermore, in his numerous publications and vlogs, the Odrex doctor criticizes the judges and certain procedural actions in the case. An assessment of his words, as well as all evidence in the case, must be provided exclusively by the court.
It is the court that must determine whether the death of Adnan Kivan was a consequence of improper performance of professional duties by the medical workers of the Odrex clinic, as indicated by the prosecution and the conclusions of forensic medical examinations.
Recall
Businessman and philanthropist Adnan Kivan was undergoing treatment at the Odrex clinic and died at the medical facility. Doctors Vitalii Rusakov and Maryna Bielotserkovska, who were responsible for his treatment, are accused under Part 1 of Article 140 of the Criminal Code of Ukraine – improper performance of professional duties by a medical worker.
As UNN previously reported, surgeon Vitalii Rusakov likely did not prescribe antibiotics to the patient after surgery, which contributed to the development of sepsis. In addition, the doctors did not respond to the infection in time, but on the contrary, on the day of the patient's death, they assured his relatives that he did not have sepsis. Later, Rusakov tried to convince the court that he was not Adnan Kivan's doctor.