“On April 24, the European Court of Human Rights acknowledged that the inclusion of former NABU Director Artem Sytnik in the Public Register of Corruption violated his right to a fair court, respect for a private life and became a manifestation of persecution for dishonest purpose.”, – WRITE: www.pravda.com.ua
Source: ECtHR decision in Sytnyk v. Ukraine (application No. 16497/20)
Details: The court ruled that in the process of proceeding against Sytnik, his right to a fair trial (Article 6 § 1), the right to respect for private and family life (Article 8), as well as the limits of permissible restrictions of rights (Article 18 of the Convention), were violated.
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The ECtHR said that the Ukrainian courts did not take into account the arguments of Sytnik’s protection, including the fact that the expenses during the rest were allegedly divided between friends.
At the same time, the court stressed that the entry of Sytnik in the Register of Corruption “had a disproportionate impact on his private life, as it continues and will continue to throw a shadow on his reputation and undermine professional trust.”
The decision also states that under the current legislation of Ukraine, the name of Sytnik cannot be withdrawn from the register, even after the expiration of the liability period, which is difficult to agree with the provisions of the Code of Administrative Offenses on the repayment of administrative liability after one year.
The ECtHR also noted that although the applicant suffered both material and intangible damage, he stated that the fact of recognition by the court was a sufficient compensation for him. The court agreed with this and did not award additional compensation.
Prehistory:
- On December 13, 2019, NABU Director Artem Sytnyk lost an appeal in the Rivne Court of Appeal regarding the decision of the Sarny Court of Rivne region, which in the fall found the director Sytnik guilty of administrative violation during a rest in the Rivne region and awarded a fine of 3400 UAH.
- The Prosecutor General’s Office regarding Sytnik was drafted administrative protocols regarding his rest in a hunting industry in the Rivne region, which was allegedly paid by other people and NABU director did not specify the amount in the declaration. Sytnik allegedly did not pay the money for his vacation in the amount of UAH 25 thousand.
- Sytnik called his admin protocol unjustified. He also stated that he doubted the impartiality of a judge who is considering the case of a corruption gift.
- In December of that year, Sytnik was in the register of persons who committed corruption or corruption related to an offense. The state, according to which Sytnik is held accountable for committing a corruption or corruption related to corruption: Part 1 of Art. 172-5 of the Code of Administrative Offenses of violations of the restrictions established by law on the receipt of gifts.