Viktor Horodovenko

Viktor Horodovenko

Judge of the Constitutional Court

Viktor Horodovenko was born in 1968 in Melitopol.

He graduated from the Ukrainian Law Academy (now Yaroslav Mudryi National Law University). From 1993 to 2005, he worked as a judge in Melitopol, first in a city court and then in a district court as its chairman. In 2005, he moved to the Court of Appeal of Zaporizhia region, immediately to its position of chairman. He headed the Court of Appeal until 2017.

 

In this position, he was accused by Oleksandr Shatskii, the prosecutor of the Zaporizhia region back at that time, of facilitating the destroying the cases considering the local Maidan — a local top official was blamed for dismissing the protests. Thus, according to Shatskii, Horodovenko initiated the transfer of the hearing to another region — Kirovohrad, which made it difficult for the victims and all other participants in the process to be present in court.

In November 2017, Viktor Horodovenko was elected to the Constitutional Court under the quota of the Congress of Judges. According to experts, Horodovenko was elected without any competition, and his speech at the congress was formal. In February 2019, Viktor Horodovenko became one of the judges who declared Article 368-2 of the Criminal Code to be unconstitutional — this article established liability for illicit enrichment. Criminalizing illicit enrichment was one of Ukraine’s commitments to the IMF and European institutions.

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Associated with Kolomoisky

Horodovenko was a member of the Second Senate of the CCU, which, in favor of the Privat group, repealed the law on the National Anti-Corruption Bureau, which authorized it to sue to abolish harmful and corrupt transactions. The reason was the appeal of the Zaporozhye Ferroalloy Plant (ZFP), which is part of the Privat group. During 2014-2015, the ferroalloy plant accumulated debts for consumed electricity (165 million hryvnia) to the state supply company Zaporizhzhyaoblenergo. National Anti-Corruption Bureau of Ukraine (NABU) has revealed a criminal scheme  — Zaporizhzhyaoblenergo wrote off these debts through debt assignment agreements that were issued to the Energomerezha company which, in its turn, was associated with Surkis brothers, the minority shareholders of Zaporizhzhyaoblenergo. NABU managed to invalidate agreements on assignment of debts in commercial courts, and later ZFP appealed to the Constitutional Court.

According to experts, the CCU's decision to limit NABU's powers was equivocal because the court took over the cassation function in a private dispute. The NABU's right to go to court was misinterpreted by judges as misrepresentation of state interests, and it resulted in the fact that  judges deprived the country of an effective mechanism for preventing corruption.

Horodovenko was also one of the CCU judges who closed the case on unconstitutionality of the law (2004) on the privatization of the state-owned company Ukrrudprom. Then, under this law, the country's key financial and industrial groups, including the Privat group, received non-market preferences for the redemption of corporate rights in mining and processing plants.