The preparatory proceedings in the case of the death of businessman Adnan Kivan at the private Odesa clinic Odrex have concluded at the Primorsky District Court of Odesa. The court has scheduled the first substantive hearing for March 23, 2026, UNN reports.
During the preparatory hearing held on March 12 at the Primorsky District Court of Odesa, a number of motions filed by the lawyer of the accused surgeon Vitaliy Rusakov were considered. In particular, the defense requested the court to return the indictment against Rusakov, as well as to cancel the measures to secure the criminal proceedings – to return the mobile phone and flash drive seized during the search to the accused.
In addition, the defense petitioned for the retrieval of medical documents regarding the treatment of the deceased patient Adnan Kivan in other medical institutions, including the Dobrobut, Intosana clinics, and the Odesa Regional Clinical Hospital.
The Primorsky District Court of Odesa denied all filed motions. After that, the preparatory hearing was concluded, and the case was scheduled for substantive judicial review on March 23. Thus, the criminal proceedings moved from the preparatory stage to the direct judicial review.
The essence of the accusation against the doctors of the Odrex clinic
The criminal proceedings involve surgeon Vitaliy Rusakov and oncologist Maryna Bielotserkivska, who were Adnan Kivan's attending physicians at the Odrex clinic.
Both medics 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 patient's death. The sanction of the relevant article provides for punishment in the form of restriction or deprivation of liberty for up to 2 years with possible deprivation of the right to hold certain positions or engage in certain activities for up to 5 years.
According to the investigation, significant violations of medical care standards may have been committed during Adnan Kivan's treatment at the Odrex clinic. In particular, after the surgical intervention, the patient, according to the investigation, was not prescribed mandatory antibacterial therapy (antibiotics), and the medics did not react properly to signs of postoperative complications. As a result, the patient developed sepsis, which, according to forensic medical examination conclusions, could have caused death.
At the same time, in accordance with the principle of presumption of innocence, the court must provide a final legal assessment of the doctors' actions. Currently, both accused are under a preventive measure in the form of night home arrest and are obliged to wear electronic monitoring devices.
Context of the case of patient's death within Odrex walls
The death of Odesa businessman Adnan Kivan and the subsequent criminal proceedings against the doctors of the Odrex clinic have caused widespread public resonance.
The events surrounding this case have become a subject of discussion at the parliamentary level as well. In particular, a discussion is ongoing in the Verkhovna Rada regarding possible amendments to Article 140 of the Criminal Code of Ukraine, which regulates the responsibility of medical workers for professional negligence. According to people's deputies, members of the relevant medical committee, the current version of the article complicates proving the elements of a crime in cases of medical negligence.
Parliamentarians are also discussing the reform of the forensic medical examination system, as its conclusions are key evidence in the investigation of such cases.
Thus, the case of businessman Adnan Kivan's death has become a catalyst for a broader discussion about the responsibility of medical workers and the protection of patients' rights in Ukraine.
"Odrex Case"
In addition, it is known that the Odrex clinic and its medical staff are involved in 10 criminal proceedings under articles concerning improper performance of professional duties, fraud, and intentional homicide.
Against the backdrop of media publications and numerous stories from former patients and their families, an activist movement StopOdrex has formed, which collects and anonymously publishes in a Telegram channel and on a website reviews from people about negative experiences of treatment at the scandalous clinic. According to activists, this can help prevent new tragedies.