After the liquidation of the District Administrative Court of Kyiv, its powers are temporarily transferred to the Kyiv District Administrative Court (that is, the city – to the regional one). According to the law, a new court should appear instead of the liquidated OASK. However, its launch can take up to a year, because another judicial reform continues in Ukraine and even unformed bodies that will recruit and recertify judges.
Therefore, for now, it is the KOAS that will resolve disputes between citizens and central bodies authorities.
The first question we asked ourselves is who is in charge of this court? About this – in the material hromadske.
Judge Oleg Basai. Tied with “films”
The head of the KOAS is Oleg Basai. He began his career as a judge in 2007 in Ivano-Frankivsk. In 2010, he transferred to Kyiv.
His name appeared in the so-called “Vovk's tapes” – infamous records from the office of the head of the OASK. It follows from these conversations that the KOAS was under the influence of Pavel Vovk and made the decisions he needed.
Oleg Basai got into the rating of the Prosud project – a dozen judges with the most cash. He took third place. The judge's family had about UAH 12.5 million at their disposal. By the way, one of the judges of the same court, Anna Shevchenko, was also in the rating – in 7th place with almost 9 million hryvnias.
In addition, the interest of journalists and activists was aroused by the 28 million income of Oleg Basai's ex-wife Roksolana. She allegedly earned this money from one year of work as a notary. height=”1080″ alt=”Oleg Basai, Roksolana Bosai, car park” />
New “booties” of the Basaev family
And although the couple officially divorced in 2017, according to the declaration for 2020, which is at the disposal of hromadske, Oleg and Roksolana Basai continue to live together and make property.
Since 2016, the Basaev family has owned an estate of 266 square meters in the village of Khotov near Kyiv. Roksolana Basai has a large fleet, which in three years has been replenished with four brand new crossovers: in 2021 – Range Rover Evoque, the market price of which is about 2.5 million hryvnias; in 2020 – Volkswagen Tiguan, which costs about one million hryvnias, Volkswagen T-ROC – also about one million; in 2019 – AUDI Q8 worth about 2.5 million hryvnias.
At the same time, the judge does not indicate information about the income of his common-law wife in the declaration. hromadske called Roksolana Basai to find out why she hides her income and whether she earns enough to buy so many expensive cars.
“Of course (I earn enough – ed.). I work, I have an income. I dispose of these funds as I see fit. I am not going to submit any information, there is a tax office where I provide it, and the rest is dangerous when such information is on the Internet. couldn't.
“This is a red beacon for the NAPC, which should pay attention to this and look more carefully at the judge’s declaration. Notaries can earn a lot. But it is possible that there are schemes there. When there is no such profitable activity, but the judges “thank” those or other decisions that he makes, and in this way he receives the same funds,” says Galina Chizhik, expert of the Anti-Corruption Action Center.
Judge’s son Viktor Basai followed in the footsteps of his parents and also became a lawyer. As of 2020, he worked in the State Administration of Affairs and as a consultant in the Office of the President. As hromadske found out, father and son have several common hobbies – precious Swiss watches and weapons.
Basai Jr. and Elder each own one luxury Ulysse Nardin. How much the accessories cost is not indicated in the declarations. The market value of these watches can reach several tens of thousands of dollars.
From sources in law enforcement agencies, we learned that Viktor Basai owns a German Blaser hunting rifle.
And a whole arsenal is registered for his father: 9 units of various weapons, including two Blaser carbines, a Simonov self-loading carbine, an Italian Benelli rifle, Soviet double-barreled shotgun IZH-27.
Oleg Basai. “Parental legacy” to the servant of Themis
Vitaliy Shchavinsky, deputy chairman of the court, also attracted the attention of the media. Unlike his “boss”, Shchavinsky mainly recorded property on his parents, who worked in government positions and did not have significant official income.
In 2018, the Prosud project found a judge's estate near Kyiv, on a land plot registered on his father, Roman Shavinsky.
“The house is quite large, located not far from Kyiv. And all this was purchased with the huge judicial salary that they receive now, so there are questions about the origin of this property, ”says Ekaterina Butko, coordinator of the Prosud project.
In 2012, Roman Shchavinsky, as the researchers of the Prosud project found out, also bought a three-room apartment of 101 square meters in a new building in Kyiv for his son.
Judge Vitaly Shchavinsky himself uses a Hyundai IX35 crossover, also registered to his father.
This family has another car — a Mercedes-Benz ML 250 CDI 4MATIC, which is used by the mother of the judge. In addition, in 2015, she bought an apartment in the Kiev residential complex “Otdykh” with an area of about 60 square meters.
The Public Council of Virtue (VDC) came to the conclusion that official income is not enough to buy property from the Shchavinsky family, because the total income of the judge's parents from 2001 to 2017 amounted to about 5 million hryvnias.
“Only the cost the estate, according to the most conservative estimates, is several million hryvnias. The expenses of the judge's family members significantly exceed their official income,” the GRD noted.
In addition, the judge banned rallies during the revolution of dignity in Yahotyn and Pereyaslav-Khmelnytsky.
Judges of the Maidan
Vitaly Shchavinsky is not the only so-called judge of the Maidan in the KOAS. His colleague Andrey Balaklitsky banned peaceful meetings in Vyshgorod in the Kyiv region in early February 2014. By that time, the first protesters had already died in Kyiv.
“This ban is an extremely arbitrary decision. Therefore, the Disciplinary Chamber of the HRP (High Council of Justice – ed.) recommended that he be fired, but the High Council of Justice in its entirety delayed the consideration of this issue, and then said that the statute of limitations had expired: “We cannot dismiss a judge.” It was a classic scheme to smear Maidan judges,” says Galina Chizhik, an expert at the Anti-Corruption Action Center.
In general, at least 9 out of 24 judges of the KOAS made dubious decisions during the Revolution of Dignity.
Double religious standards
Judge of the KOAS Alexandra Bragina several years ago already got into a religious and corruption scandal. The judge stated that her religious beliefs forbade her from obtaining an electronic digital signature. Therefore, accordingly, she cannot file an income declaration.
But at the same time, according to the DEJURE Foundation, when considering a case where the plaintiff and his child tried to obtain a paper passport instead of an ID card due to religious views, Judge Bragina mocked from their position.
“Tell me, please, what dogmas of Orthodoxy forbid getting a passport — an ID-card? So this is just the result of your imagination,” said Oleksandra Bragina, judge of the Kyiv Administrative Court, to the plaintiff in the courtroom.
DEJURE notes that the judge expressed this position after she herself refused the digital signature.</p
“The behavior and statements of judge Bragina make one doubt her religiosity. Most likely, we are talking about an attempt to circumvent electronic declarations and cynical hypocrisy. And the decision of the OASK is another test of yet another scheme to hide the declarations of judges from the public eye, hiding behind “religious beliefs,” said Roman Maselko, member of the board of the DEJURE Foundation, and now a member of the ORU.
“Perhaps, she wants to hide any property or fundamentally does not want to show her income,” adds Prosud project coordinator Ekaterina Butko.
It is noteworthy that the judge’s religious beliefs appeared suddenly, in 2019. This attracted the attention of not only the public, but also law enforcement agencies. The Specialized Anti-Corruption Prosecutor's Office subsequently declared Alexandra Bragina suspect because of an unsubmitted declaration. The case has already been submitted to the court.
Out of 24 judges, 16 successfully passed recertification in 2018, exactly when the public did not participate in this process, although this was required by law.
“Accordingly, the CID did not evaluate, and we cannot say that there are no questions for these judges,” says Galina Chizhik, an expert at the Anti-Corruption Action Center.
According to her, , only one episode from the NABU “tapes”, where Oleg Basai is mentioned, indicates that the chairman of the court is not independent. “However, this does not negate the need to eliminate the OASK. Moreover, the KOAS will consider cases only temporarily,” concludes Chizhik.
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