Special operation to expose top judicial official Oleksiy Salnikov

On 7 May, the High Anti-Corruption Court concluded the preparatory hearing in the case against the former head of the State Judicial Administration, Oleksiy Salnikov. The prosecutor announced the indictment and the participants made opening statements.

The special operation to expose the top judicial official began on 1 March 2023, according to the Judicial Reporter. Citizen Oleksiy Honchar, who had been in contact with Salnikov since 2015, came to the NABU and said that a few days ago, an old acquaintance had incited him to give a bribe to Supreme Court judges. Salnikov was appointed head of the SJA in April 2022, a year before these events.

“Bragged about his official position”

The background was that Forwater Plus LLC was suing the State Service of Geology and Subsoil for a licence. The decision of the first instance was in favour of the company, but the Court of Appeal overturned it and ruled the opposite. Now the word was up to the Administrative Court of Cassation of the Supreme Court. Representatives of Forwater Plus allegedly found out about Honchar’s friendly relations with the head of the SJA, Salnikov, and asked him to find out how the judges felt about the case. Instead of answering that he had nothing to do with it and would not ask anything, Salnikov allegedly made a commitment.

"Using his authority as a legal expert and the head of a state body in the justice system, i.e. the head of the SJA, boasting of his official position and influential connections in the judiciary, taking advantage of Honchar’s ignorance of the procedure and procedure for considering court cases, through oral persuasion and persuasion, he induced the latter to provide an undue benefit to the judges of the Supreme Court," the indictment would later read.

On 27 February 2023, at the Praha restaurant, Salnikov allegedly offered Honchar to influence the judges of the Supreme Court and for $5,000 the case would be returned to appeal.

On 5 March 2023, Honchar handed over money to the official - a total of $7,500, which allegedly included a reward for the judges and $2,500 as a fee for Salnikov’s services.

They were in no hurry to detain the head of the SJA. The detectives wanted to see if Salnikov would bring the money to the judges or make new demands. In May, the country was shocked by the scandal involving the Chief Justice of the Supreme Court Vsevolod Knyazev, who was accused of taking a bribe of almost $2 million. After that, the NABU failed to document that Salnikov had given money to any of the Supreme Court judges. Eventually, on 26 July 2023, they searched his house. No money from the bribe was found. It is assumed that Salnikov either managed to spend it or cleaned up after the scandal with Supreme Court Chief Justice Knyazev.

Salnikov was granted a rather moderate measure of restraint - bail in the amount of 805,000 hryvnias, without being held in custody. The suspect paid the money himself

On 8 August 2023, the High Council of Justice removed Salnikov from office without pay. On 15 September 2023, the NABU announced the completion of the pre-trial investigation and opened the materials to the defence for review.

On 7 December 2023, the HCJ dismissed Salnikov from his post. In February 2024, the indictment was submitted to the High Anti-Corruption Court. The case will be considered by a panel of judges chaired by Vira Mykhailenko, who is also the head of this court.

Ex-official lives in debt

Since last summer, the court has already reduced Salnikov’s preventive measure twice, including taking into account his difficult financial situation, because he was suspended from work and he lost his source of income. Today the deposit is 575 thousand hryvnia. But at the preparatory meeting, the defense asked to reduce it to 215 thousand, so that the accused would have something to live on. The court was given a certificate from PrivatBank that as of March 19, 2024, Salnikov had a debt of minus 25 thousand hryvnia.

— Are you simply not working or do you have unemployed status? – the judge clarified.

– I am currently looking for a job. I am involved in several courts at the same time - the case is about restoration and this is now... Therefore, it is very difficult for me. I used PrivatBank credit funds and further borrowed, I borrowed.

- Are you registered with the Employment Center?

- No, I’m not standing. I asked what the situation was there - they said that they pay 7 thousand hryvnia for two months... It’s difficult, but now I’m looking for a job on my own.

Subsequently, answering questions from the court, the accused also added that he was looking for housing because he was registered in a hostel in Kyiv and was actually living temporarily with friends, refusing to give the address.

In the Administrative Court of Cassation, Salnikov is appealing the decision of the High Council of Justice to dismiss him as head of the State Civil Service in order to be reinstated in his position. Lawyer Yevhen Ozyumenko explained that until this issue was resolved, the defense counsel advised Salnikov not to get a job. The last court hearing and the appearance of a decision are expected there on May 13.

Prosecutor Oleh Makar is skeptical about these arguments, saying that the accused may have a hidden fortune.

- Used a vehicle that was not registered in his name, had a traffic accident in another vehicle that was not registered in his name - a rather prestigious Lexus...

“2017,” the traffic accident lawyer clarified, listening to the prosecutor’s speech.

“...He lived in an apartment that was not registered in his name, and then provided a rental agreement... This indicates hidden financial resources that could allow him to hide from court,” the prosecutor continued to explain.

Finally, the judge did not reduce his bail.

“I didn’t incite anyone!”

The judge quoted articles of the Criminal Code to Salnikova and asked whether he understood the charge.

- I do not understand. A citizen of the Russian Federation wrote a statement against me. He changed his testimony several times. Secondly, what crime? Incitement and fraud - there are things that are simply impossible... What am I accused of? What did I take? Yes, I will return these funds. And he took possession of it fraudulently... I don’t understand how these two articles in which I am accused, how they correlate with each other,” Salnikov answered.

“We will find out,” Judge Mikhailenko tried to calm the accused.

- It’s not clear what I did!

- Please, I’m asking the accused. Don’t prompt him,” the judge turned to one of the lawyers, who seemed to be trying to whisper to the client. “I will give you a warning and remove you from the courtroom.”

“Dear court, I didn’t say a word,” the defense lawyer defended himself.

“I want you to explain the article to a more serious one,” said Salnikov.

“The prosecutor argued that you incited…” the judge began.

- Who exactly?

- Potter and judges of the Supreme Court.

“I didn’t incite anyone.” I don’t understand at all on what data this incitement is based...

— Oleksiy, the court currently does not have any data on the basis of which this accusation was brought forward. We will gather here to find out. Even you, as the defense, are now more aware than the court. Are the qualifications clear to you? You are accused of fraud and solicitation of improper benefit.

Finally, Salnikov agrees that he understands the accusation.

— Do you plead guilty?

– I do not admit my guilt. I want to show how this case was fabricated and who was interested. I want to testify at the end, when we hear all the witnesses and see the real picture.

A total of 6 volumes of evidence will be submitted to the court. These are the materials of the NISS, the court case of Forwater Plus LLC, Salnikov’s personal file, etc. The phone of the former head of the SAS will be examined as material evidence. It is planned to interrogate 10 witnesses - Supreme Court Chief Justice Knyazev, Head of the Cassation Administrative Court Mykhailo Smokovych, judges of the Cassation Administrative Court who considered the case of Forwater Plus LLC, Deputy Head of the SAS Maksym Pampura, and representatives of Forwater Plus LLC.

The court will begin its consideration by examining documents and material evidence, and then questioning witnesses.

The defense will try to present an alternative version of events. The ex-official has three lawyers - Ivan Kostyuk, Roksolana Lukinchuk and Yevhen Ozyumenko

— It seems that representatives of Forwater Plus, whose profiles were unknown to the defence, turned to Honchar. However, they knew that Gonchar had friendly relations with Salnikov. What kind of faces are these? The essence of their appeal to Gonchar, what did they want? Why did they decide that it was Salnikov, by virtue of his powers and position, who could know about the progress of this case in the Supreme Court and that he could help? From the very beginning, someone tried to provoke Salnikov, and we will prove that he refused when considering the case on its merits,” lawyer Ozyumenko said in his opening speech.

The defence has collected evidence that should discredit Honchar as a witness and show that he gave false and inconsistent testimony.

— Honchar’s interrogation, if my memory serves me right, took place 6 or 7 times. The last interrogation took place after Mr. Salnikov was informed of the suspicion. After six months, the key witness decided to give essentially different testimony and change the version of events that he said at the beginning,” said lawyer Kostyuk.

The indictment says that during the meeting, Salnikov assured Honchar that he was personally communicating with the chief of staff of the Supreme Court, and she, in turn, with the judges considering this case. The defense believes that when the head of the court staff was an active person, the question of incorrect qualification can be raised - who should receive the money: the judges, perhaps the head of the court staff.