In seven months, the court has not examined a single piece of evidence in the case of medical negligence by Odrex doctors – how and who is delaying the proceedings
Kyiv • UNN
For over seven months, the court has been unable to proceed to the merits of the case regarding medical negligence by doctors of the private clinic Odrex. During this time, hearings have been repeatedly postponed, the process has been delayed by motions from the defense, and after the case was transferred to another court, the proceedings had to start from scratch.
More than seven months have passed since the indictment against doctors of the private clinic Odrex, Vitalii Rusakov and Maryna Bielotserkovska, was submitted to the court. Both medics are accused under Part 1 of Article 140 of the Criminal Code of Ukraine – improper performance of professional duties by a medical worker, which, according to the investigation, led to the death of businessman Adnan Kivan. During this time, the case has not yet reached a full examination of the evidence. Court hearings were postponed due to the absence of defense lawyers, procedural motions, applications for recusal of the judge, and changes in jurisdiction. UNN has reconstructed the chronology of hearings, which more closely resembles a "Chronology of Delays."
After the indictment was submitted to the Prymorskyi District Court of Odesa, the process almost immediately stalled. Already at the preparatory stage, the defense postponed the hearing due to the absence of Vitalii Rusakov's defense lawyer. Ten days later, during the next hearing, the defense side filed new procedural motions: to return the indictment, to cancel certain measures of securing criminal proceedings, and to request additional medical documents. To prepare objections, the prosecutor asked for time, after which the court again adjourned the proceedings.
Vitalii Rusakov
Only on March 12 (almost two months after the start of the preparatory hearing) was the court able to complete this stage and schedule the case for trial on the merits. However, this did not mean that the case would finally move forward – ahead of Adnan Kivan's family, who want answers to questions about the death of their relative, were new procedural maneuvers by the defense side.
The lawyer of the accused surgeon from Odrex, charged with medical negligence, filed a motion to recuse the presiding judge, Larysa Pereverzieva. The court refused to grant this motion. After that, the defense filed another motion – to transfer the criminal proceedings to another court.
The lawyer for the victim's side and the prosecutor objected, emphasizing that such a motion only delays the start of the examination of evidence.
Subsequently, the Odesa Court of Appeal decided to transfer the proceedings to the Kyivskyi District Court of Odesa. In effect, this means the process will have to start over. The new court must go through the preparatory stage again, although the previous court had already completed it and moved to the trial on the merits.
The delays continued in the Kyivskyi District Court as well. The first preparatory hearing, scheduled for June 5, did not take place due to the absence of defense lawyers for both accused.
The next two hearings – on June 18 and 25 – also had to be postponed. The reason was the sick leave of the lawyer for the accused oncologist Maryna Bielotserkovska. At the same time, the court offered the lawyer to join the hearing remotely via video conference, but she did not use this opportunity.
Maryna Bielotserkovska
"We have already been postponing for a month, and the defense lawyer cannot join us via video conference," noted the presiding judge Chaplytskyi during the last hearing.
The next court hearing is scheduled for July 1, 2026. At this stage, the court must decide on scheduling the indictment for trial on the merits, as well as determine the procedure for examining evidence and questioning witnesses.
Each of these procedural actions is separately provided for by law and is the right of the defense side; however, lawyers emphasize that their systematic use can significantly increase the duration of the court proceedings.
According to medical lawyer Dmytro Kasianenko, in cases under Part 1 of Article 140 of the Criminal Code of Ukraine, delaying the process creates a risk of the statute of limitations expiring. In such a case, the criminal proceedings may be closed without a conviction, and the accused may avoid the punishment provided by law.