In the case concerning medical negligence by Odrex doctors, the sixth hearing in a row has been postponed
Kyiv • UNN
On October 20, the Kyivskyi District Court of Odesa once again failed to hold a hearing in the case concerning medical negligence by Odrex doctors Vitaliy Rusakov and Maryna Bielotserkovska.
On October 20, the Kyiv District Court of Odesa once again failed to continue hearing the case concerning the medical negligence of doctors at the private Odrex clinic. One of the defendants filed a motion to extend his sick leave. Thus, the court postponed the sixth consecutive hearing, UNN reports, citing its own sources. The next court hearing is scheduled for October 21.
Details
The case concerns criminal proceedings against surgeon Vitalii Rusakov and oncologist Maryna Bielotserkovska, who are charged under Part 1 of Article 140 of the Criminal Code of Ukraine—improper performance by a medical professional of their professional duties, resulting in serious consequences for a patient.
The case concerns the death of Odesa businessman Adnan Kivan, who died on October 27, 2024, while being treated for cancer at the private Odrex clinic. According to the investigation, following surgery, the doctors may have failed to prescribe the necessary antibacterial therapy to the patient and may have responded improperly to postoperative complications. According to the findings of a forensic medical examination, this could have led to the development of sepsis, which, against the background of the cancer, may have caused the businessman's death. The defendants deny their guilt. The court must provide the final assessment of their actions.
Background
The trial in the case concerning the medical negligence of Odrex doctors has been ongoing for almost a year. During this time, the proceedings have been accompanied by numerous motions from the defense, requests for the recusal of judges, and systematic postponements of hearings. The case was initially heard by the Primorsky District Court of Odesa; however, following a defense motion to change the venue, the Odesa Court of Appeal transferred the proceedings to the Kyiv District Court. As a result, the trial effectively had to begin anew, leading to an additional loss of time.
However, the delays continued even after the venue was changed—in the Kyiv District Court. In September, only six of the 13 scheduled court hearings took place in full.
At the same time, time is of fundamental importance in these criminal proceedings. Part 1 of Article 140 of the Criminal Code of Ukraine provides, among other things, for up to two years of imprisonment, while the statute of limitations for criminal prosecution for such an offense is three years. If the actions charged against the doctors took place in October 2024, the relevant period could expire as early as autumn 2027, in the absence of legally предусмотренных grounds for its suspension or interruption. This creates a risk that the proceedings could end without a court decision on the merits establishing the guilt or innocence of the defendants.
As UNN previously explained, retired judge of the Higher Administrative Court of Ukraine Oleksandr Sytnykov said that responsibility for properly organizing a trial rests, in particular, with the presiding judge. Even if delays are caused by the actions of the participants in the proceedings, the court must use the mechanisms provided by law to ensure that the case is heard in a timely manner.
When it comes to criminal proceedings in which the statute of limitations may expire due to regular postponements of hearings, the judge must take all procedural measures provided by law to ensure that the case is properly heard