On May 30, we expect the most important decision in the case of ex-judge and chairman of the Cassation Economic Court of the Supreme Court (CCS Supreme Court) Bogdan Lvov.
Back in September 2022, journalists discovered two Russian passports, a Russian tax code and an undeclared apartment in Moscow in Lvov. The Chairman of the Supreme Court fired Lvov after the Security Service of Ukraine (SBU) confirmed information about Russian citizenship.
Now a representative of the old corrupt judicial elite is trying to be reinstated. Lvov could probably take advantage of old connections and influence and received a first instance decision in his favor. At the same time, government agencies showed inaction to deprive Lvov of citizenship. Now the Sixth Administrative Court of Appeal (SHAAS) must make a decision that will affect not only Lvov’s career, but also national security, support for Ukraine from Western partners and the judiciary.
Who is Bogdan Lvov?
The biography of former Supreme Court judge Bogdan Lvov is replete with achievements. He received his education in 1989 in Moscow, at the Red Banner Military Institute of the USSR Ministry of Defense - there is no need to write separately about political classes with students in such institutions.
In the 90s, Lvov had the right to use a military serviceman’s ID on the territory of the Russian Federation. Bogdan Lvov received his first passport as a Russian citizen back in 1999, the second on October 26, 2012 in connection with his 45th birthday. There is also official data confirming his presence in Moscow that day. In the same year, he gave his share of the Moscow apartment to his wife. Now this apartment belongs to her and Lvov’s mother-in-law - both are Russian citizens. These facts raise serious concerns that Lvov remains loyal to the Russian Federation, as its citizen, since he consciously chose to belong to this state.
Lvov began his judicial career in Ukraine in 1992. In July 2004, he became a judge of the Supreme Economic Court of Ukraine (HEC). During the time of Yanukovych, this court became the quintessence of manual justice, when, with the help of 45 fictitious specializations, the case was transferred to a convenient judge. The scheme had been in effect since 2011, and Lvov was its silent accomplice, never once publicly speaking out against such an organization of work.
Due to unsuccessful attempts to reform the judiciary and the failure to clean it up after the Revolution of Dignity, Lvov was not fired, but on the contrary, he first headed the Supreme Economic Court in 2014, and then the new Economic Cassation Court as part of the Supreme Court (KHSS) and almost headed himself Sun. Lvov was elected deputy chairman of the Supreme Court among one candidate, that is, there was no alternative - maximum loyalty.
During the selection process for the Supreme Court, the Public Integrity Council approved the conclusion that Lvov was dishonest. The basis for the conclusion, in particular, was that he was a defendant in criminal proceedings for having, at his own discretion, formed a separate panel of judges to consider the required case. The decision she made was then overturned by the Supreme Court of Ukraine, noting that Lvov had formed a collegium bypassing the auto-distribution. However, the criminal case was then closed, then opened, and it did not reach its logical conclusion - consideration in the courts and sentences.
Lvov appeared in another criminal case. He met in his office with the notorious member of the High Council of Justice Pavel Grechkivsky. A member of the HCJ, according to investigators, demanded 500 thousand dollars from the entrepreneur for resolving the issue in the economic courts. The intermediary for the transfer of funds confirmed that Grechkivsky promised the necessary solution through an old friend, Lvov. As always, the Supreme Economic Court had the only panel with the necessary specialization, which included Judge Lvov. The case against Grechkivsky was closed under dubious circumstances, and Lvov’s role was not properly investigated.
It is obvious that the judge’s lifestyle does not correspond to his income (at least official), which is described in detail in the OSD’s conclusion recognizing Lvov as dishonest. One need only recall the judge’s Breguet Marine and Vacheron Constantin Patrimony watches – for $50,000 each.
Lvov also gave instructions to judges of economic jurisdiction on whom to vote for during the Congress of Judges of Ukraine in order to choose an obviously loyal person. This, in particular, was a candidate for the Constitutional Court, Viktor Krivenko, who was found to have an undeclared plot of land in Crimea. Subsequently, the latter voted for the abolition of liability for illegal enrichment, making obviously illegal decisions and declaring false information.
In addition, Bogdan Lvov campaigned for the election of Valentina Symonenko to the post of Chairman of the Council of Judges of Ukraine. Let us remind you that journalists also found a Russian passport on her.
Does Lvov have a future in Ukrainian litigation?
On January 10, 2024, KOAS judge Alena Kushnova ordered the reinstatement of Bogdan Lvov to the staff of the Supreme Court. However, the Supreme Court hastened to appeal this decision.
Therefore, it is now being reviewed by the Sixth Administrative Court of Appeal (SHAAS). There is every reason to believe that at the next court hearing, May 30, 2024, we will hear the final decision. The intrigue remains, because Lvov is trying to get out of it by any means possible in court hearings, and representatives of the Supreme Court and the SBU in court, to put it mildly, did not catch stars from the sky.
Prior to this, Shaas had already twice recognized the letter, based on the results of an inspection from the SBU, as such that it provided sufficient grounds for recognizing the person as a citizen of the Russian Federation, in a similar case involving the Ministry of Justice official Marina Prilutskaya. According to the SBU, she was in contact with the FSB in Crimea.
Now another panel of Shaas judges, chaired by Andrei Kuchma, must either confirm the legality of Lvov’s dismissal from the Supreme Court, or open the opportunity for Kremlin agents to seize power in Ukraine from within, in particular in the courts.
Bogdan Lvov returns: what will be the consequences of Lvov’s reinstatement as a judge of the Supreme Court?
“Green light” to Russians and their agents in various branches of government
Before this case, no one was particularly involved in checking candidates for the position of judge regarding the presence of Russian citizenship. Bogdan Lvov and other collaborationist judges are a vivid example of this. Such a check should have been carried out by the SBU, but what if the court says that it is impossible to confirm Russian citizenship without an official certificate from Russia? That's right, the SBU will answer that there is no point in checking such persons at all. Bogdan Lvov, like other civil servants with a Russian passport, basically have access to state secrets (the SBU has so far revoked this access for Lvov). Therefore, the war with the occupier may be lost in the rear.
Loss of international support
Ukraine conveys to its international partners a black and white situation - we were attacked by Russia, and at this time we are fighting for world democracy. Therefore, the employment of citizens of an enemy country in the highest levels of the judiciary is unacceptable. The position of the state must be consistent and unambiguous (some are deprived of citizenship, others are reinstated in their positions). The court's decision will definitely affect the international image of Ukraine and the allocation of support.
Making decisions in favor of Russia in the name of Ukraine
Bogdan Lvov will return to fulfill his duties, no, not only as a judge, but as the chairman of the Economic Court of Cassation as part of the Supreme Court. After all, the judges of this court were afraid to even remove him from the post of chairman. Lvov has unlimited authority among them. At the end of 2021, Lvov was re-elected chairman of the Constitutional Court of the Supreme Court, having secured the support of 33 out of 40 judges. This is not even a constitutional majority, it is a complete carte blanche. The Russian Federation has leverage over Lvov, and therefore over all the judges who sacredly trust (or fear) him.
Loss of confidence in the judicial system
It would seem that it would be much more difficult to destroy the reputation of the Armed Forces, which has already lost the trust of society. All four previous heads of specialized courts moved to the same positions in the supposedly reformed Supreme Court, one of whom is Bogdan Lvov. The corruption scandal that “demolished” the former chairman Knyazev brought in a new dishonest one – Kravchenko. Subsequently, the far from sinless judges Stupak and Pogrebny were also sent to the Grand Chamber of the Supreme Court.
The Supreme Court overturns about half of the decisions of the Supreme Court, often saving judges from liability for corruption. No matter what intermediate successes we have in judicial reform, the final decision on cases is made by the Supreme Court, which, for example, protected the same judge Stupak. Although the materials of the criminal proceedings clearly indicated that she should be fired. As a result, the mutual responsibility of the old elites will increase, and trust in justice will drop to a critically low level. This would be a serious blow to judicial reform, discrediting it and calling into question the effectiveness of new appointments and procedures.
The authority of the Ukrainian authorities among the population will decrease
No matter how we evaluate the actions of the authorities now, one fact that needs to be taken into account is the war against Russia. And in this context, interaction between government and society is a necessity. The inaction of the Commission under the President of Ukraine on Citizenship Issues and the State Migration Service of Ukraine certainly does not help consolidation in the face of the enemy. The question arises why Medvedchuk and the company were deprived of Ukrainian citizenship, and here is such a special case. The reputation of the Security Service of Ukraine already suffered after the scandal of illegal surveillance of Bihus.info journalists, and now there is also a failure here - a fiasco with checking Lvov’s citizenship, then - an incomprehensible representation in court. The restoration of Lviv could lead to political crises and mass protests, as the public may perceive it as a betrayal of national interests.
Morale of military and civilians
The military, as conscientious citizens, may be demotivated by the fact that the state institutions they protect allow persons with citizenship of an Arescan country to come to power. Even a hint of cooperation with the enemy is an important demoralizing factor that creates a feeling of hopelessness and increases disbelief in the future.
The reinstatement of Bogdan Lvov as a Supreme Court judge would have disastrous consequences for national security, international support, confidence in the judicial system and overall political stability in Ukraine. The Lvov case will determine whether citizens of the Russian Federation will receive a judicial instrument of restoration to government positions and access to state secrets. International partners need a signal that will indicate that we are worthy of trust and are not opening the door to agents of the enemy in power. Now this super-responsibility lies with the Shaas judges, and we hope that the decision in the name of Ukraine will be made in favor of Ukraine and not Russia.
