In the last two weeks, Ukraine’s Constitutional Court has rebelled against the country’s anti-corruption institutions, threatening to eliminate years of progress in battling graft. Now, new information shows how compromised judges likely laid the groundwork for this judicial insurrection.
Pavlo Vovk, one of Ukraine’s most controversial and influential judges, charged with corruption, allegedly coordinated with top power brokers to replace the chairman of the Constitutional Court in May 2019. The incumbent chairman, Oleksandr Tupytsky, spearheaded the court’s recent campaign against anti-graft institutions that put the country on the brink of a political and constitutional crisis.
Vovk discussed appointing Tupytsky in tapes recorded by the National Anti-Corruption Bureau of Ukraine (NABU) as part of an investigation of Vovk, two sources familiar with the matter told the Kyiv Post on Nov. 2. The sources spoke on condition of anonymity because they were not authorized to speak to the press.
Earlier, the Censor.net news site reported, citing anonymous NABU sources, that Vovk had discussed Tupytsky’s appointment with two people: Andriy Bohdan, then-chief of staff for President Volodymyr Zelensky, and his friend, Andriy Portnov, a politician and former President Viktor Yanukovych’s ex-deputy chief of staff in charge of the judicial system.
Censor.net also reported that the three men, none of whom have any legal authority to influence the Constitutional Court, discussed tasks that Tupytsky was supposed to fulfill as chairman.
The Kyiv Post was able to confirm, through its sources, that the tapes feature Vovk discussing the appointment with at least one man he refers to as “Andriy” – the name of both Bohdan and Portnov.
Bohdan, the Kyiv District Administrative Court, which is headed by Vovk, and the Constitutional Court did not respond to requests for comment. Portnov told the Kyiv Post he would not comment.
Vovk and other judges of his court have been charged with obstruction of justice and corruption – accusations that they deny. The case is seen by civil society as one of the most egregious examples of judicial corruption and impunity. Top officials, prosecutors and judges have done their best to help Vovk and other suspects escape responsibility and keep their jobs.
Meanwhile, on Oct. 27, Tupytsky and his court destroyed Ukraine’s entire asset declaration system for state officials, eliminating a crucial pillar of the country’s anti-corruption system and provoking public outrage.
Conspiracy allegations
In May 2019, the Constitutional Court fired its chairman, Stanyslav Shevchuk, for alleged procedural violations, a decision Shevchuk believes was unlawful. He was replaced with Natalia Shaptala, who was in turn replaced with Tupytsky in September 2019 when her term as a judge of the court expired.
One of the sources told the Kyiv Post that Vovk discussed Shevchuk’s dismissal and Tupytsky’s appointment by phone with a certain “Andriy.” Both Bohdan and Portnov have the name Andriy.
Another source alleged that Vovk had bribed the Constitutional Court to cancel the illicit enrichment law in February 2019.
Wiretapped conversations previously published by the NABU in the Vovk case reveal the judge’s efforts to unlawfully influence the Constitutional Court and gain control over it, according to the bureau.
“We already own two courts – the Constitutional Court and the Kyiv District Administrative Court,” Vovk said in the tapes.
In another episode, he bragged that he influenced a scandalous ruling by the Constitutional Court that annulled the legislation on illicit enrichment. The ruling ended illicit enrichment investigations against a number of officials, including Vovk and his deputy Yevhen Ablov.
“Thanks to our common efforts, the decision to recognize the illicit enrichment (law) as unconstitutional has been born,” Vovk told one of his court’s judges after the ruling was issued, adding jokingly: “That’s why you can buy anything you want.”
One of the court’s judges also told Vovk: “Chief, you effectively pressured Constitutional Court judges through lawmakers, and a case may be opened against you.”
The judges of the court also discussed getting their assets “out of their shadows” after the ruling and coming up with excuses for unexplained wealth.
“I think you and Ablov can now declare the $1 million in income from stocks that you had. Your mom gave it to you as a gift when you were a child,” Vovk joked.
Bohdan’s role
Tapes published by the Slidtsvo.info investigative show on Oct. 29 also mention Bohdan.
In the recordings, Vovk mentioned him before Zelensky was elected president in April 2019.
“There is a certain Andriy Bohdan, and he’s negotiating with everyone. He’s determining who will do what and what will happen, who they’re going to go after, etc.,” Vovk said.
A source familiar with the matter told the Kyiv Post that Vovk had also talked about vacationing with Bohdan in June 2019. The source spoke on condition of anonymity because he was not authorized to speak to the press.
Bohdan did not respond to a request for comment.
Investigation against Vovk stalling
In August 2019, the Prosecutor General’s Office charged Vovk and other judges of his court with obstruction of justice. However, a court rejected a motion to extend the Vovk investigation, and prosecutors failed to send the case to trial on time.
In July 2020, the NABU resurrected the case and charged Vovk and other judges of his court with organized crime, usurpation of power and bribery.
On Sept. 1, the High Council of Justice also unanimously refused to suspend Vovk and other judges implicated in his case.
In wiretapped conversations released by the NABU, Vovk mentioned the involvement of several members of the High Council of Justice in his alleged bargains with the council. They did not respond to requests for comment.
The High Anti-Corruption Court was scheduled to consider bail for Vovk on Oct. 22 and Oct. 29. However, he failed to show up, and the hearing was postponed until Nov. 5.
A law enforcement source told the Kyiv Post that Prosecutor General Iryna Venediktova continues obstructing the Vovk case. The source spoke on condition of anonymity because he is not authorized to speak to the press.
Specifically, Venediktova has refused to extend the Vovk investigation, and it had to be extended by ex-Chief Anti-Corruption Prosecutor Nazar Kholodnytsky before he resigned in August, according to the source.
Venediktova has also refused to have Vovk brought in for interrogation by force due to his refusal to come, conduct further searches in the Vovk case and wiretap him, the source said. Venediktova and her office did not respond to requests for comment.
Editor’s Note: This report is part of the Investigative Hub project, within which the Kyiv Post team monitors investigative reports in the Ukrainian media and brings them to the English-speaking audience. The project is supported by the National Endowment for Democracy.
