The court has begun hearing the merits of the case involving the Odrex doctors
After several months of procedural motions, the court proceeded to hear the merits of the case regarding alleged medical negligence by doctors at the Odrex Clinic in connection with the death of businessman Adnan Kivan. The defense’s motion to recuse the judge due to the holding of closed-door hearings was denied.
The Kyiv District Court of Odesa denied the defense’s latest motion to recuse the presiding judge in the case of medical negligence by Odrex doctors. The court then proceeded to hear the merits of the case in closed session and heard opening statements from both sides, according to UNN.
The Kyiv District Court of Odessa held another hearing in the criminal case against Vitaliy Rusakov and Marina Belotserkovskaya, doctors at the private Odrex clinic, who are charged under Part 1 of Article 140 of the Criminal Code of Ukraine —improper performance of professional duties by a medical worker. During the public portion of the hearing, the defense once again filed a motion to recuse the presiding judge. The prosecutor and representatives of the victim’s side objected, and the court denied the motion.
After the public portion concluded, the court proceeded to a closed session, where it began the direct consideration of the criminal case on its merits. During this stage, the indictment is typically read, the parties’ opening statements are heard, and the order for the subsequent examination of evidence is determined.
The next court hearing is scheduled for July 10. We can conclude that the court has effectively moved to a more intensive hearing schedule following the conclusion of the preparatory phase of the trial.
The criminal case against the doctors of the Odrex private clinic has been pending in court for over seven months. During this time, the proceedings have been repeatedly postponed due to procedural motions filed by the defense. In particular, the defendants’ attorneys filed challenges against the judges, sought a change in venue, and requested that the indictment be returned to the prosecutor; additionally, some court sessions were rescheduled due to the defense attorneys’ failure to appear and other procedural circumstances. As a result, after the case was transferred from the Primorsky District Court to the Kyiv District Court of Odesa, the preliminary proceedings had to be repeated.
Lawyers interviewed by UNN did not rule out that this series of procedural actions could be a tactic by the defense aimed at having the case dismissed due to the statute of limitations.
Denis Nevyadomsky, president of the All-Ukrainian Association of Retired Judges, emphasizes that the court must respond to instances of potential abuse of procedural rights. Svyatoslav Bolinsky, CEO of the law firm “Bolinsky & Team,” shares this view. According to him, numerous postponements of hearings, recusal motions, changes in the composition of the court, and other procedural steps may be elements of the defense strategy. At the same time, only the court can make a final assessment of the procedural conduct of the parties to the proceedings and their motives, reports UNN.
The Kyiv District Court of Odesa has once again postponed the preliminary hearing in the case of Vitaliy Rusakov and Marina Belotserkovskaya, doctors at the private Odrex clinic, who are accused of improper performance of their professional duties, which could have led to the death of businessman Adnan Kivan.
Masi Nayem, the attorney for the Odrex clinic, stated that the facility had successfully passed two inspections by the Ministry of Health, and no violations were found in its operations. At the same time, an order revoking the license of “Dom Meditsiny” LLC—the company under which the Odrex clinic was registered—has been published on the Ministry of Health’s website.
Later, a court suspended the Odrex doctor, who is on trial in connection with the patient’s death, from practicing medicine.
