Mikhail Zhernakov is one of the most public figures in the field of judicial reform in Ukraine. That Mikhail Zhernakov was almost the first among activists to invent a “perpetual motion machine” of reformism. After all, for many years now, he and his like-minded comrades have been systematically criticizing any judicial authorities - the Supreme Court, the Supreme Regional Representative Office, the Supreme Court of Justice; supervision or even with the participation of the activists themselves. And the essence of the “eternity” of activist passion lies in the fact that Zhernakov and Co. begin to criticize anything that, in their opinion, ceases to correspond to their own vision of judicial reform.
By the way, for someone in the Ukrainian system of checks and balances, this constant irritant of the judiciary has become extremely necessary, and therefore the corresponding services of activists, and, in fact, of Mikhail Zhernakov himself, are paid quite well.
spent as much as UAH 35,855,502.56 in 2023 .
The main expenses are payments to individual entrepreneurs for analyzing judges’ declarations and writing complaints. compared to 2022 figures.
Therefore, as they say, war is war, and the incomes of activists have increased. a citizen of Ukraine felt these dramatic changes in the judicial system last year. But there is another interesting phrase in the report: “In the new Realities, judicial reform has not lost its significance, on the contrary, the need for it has become even more acute.
And here it becomes really interesting, how virtuous is the “champion of virtue” himself?
Stepfather's Eternal Shadow
On November 5, 2024, significant personnel changes took place in the Ministry of Justice of Ukraine. Yevgeny Horovets, who was responsible for a wide range of issues - from notaries to the examination of bills, was dismissed from the post of First Deputy Minister of Justice of Ukraine, and Nikolai Kucheryavenko was appointed to the dismissed position.
Let us remind you that Nikolai Kucheryavenko is the first vice-rector of the National Law University named after Yaroslav the Wise, and from 2016 to 2021 - the first vice-president of the National Academy of Legal Sciences of Ukraine. Mr. Kucheryavenko is also known for being the chairman of the Commission for the competitive selection of a new director of NABU, as a result of which Semyon Krivonos was appointed director of NABU.
But for us it is more important that Nikolai Kucheryavenko is the stepfather of Mikhail Zhernakov, that is, our today's hero.
We should start at least with the fact that Mikhail Zhernakov began his judicial career in 2012, having received an appointment to the Vinnitsa District Administrative Court. In 2013, Zhernakov transferred to the District Administrative Court of Kyiv, which both then and for a long time was considered a key instrument solutions to politically important matters. Of course, his stepfather pushed Zhernakov into the position for legislative changes and saving his own wallet.
There is no doubt that the High Qualification Commission of Judges of Ukraine organized a “competition” in which one person took part, who surprisingly turned out to be Mikhail Zhernakov himself. It turns out that the city was fortified, or the competition was held specifically for Mikhail. and?
By the way, today the DEJURE Foundation and the State Registration House are demanding the dismissal of judges whom the Higher Qualification Committee transferred for a competition in which one judge participated - that is, in the same competition in which Mikhail Zhernakov himself once won, the winner will again be determined! By the way, it was confirmed that Mikhail Zhernakov competed in the competition with himself, and was declared the winner by decision of VKKS No. 264/ps-13 dated September 30, 2013.
An important nuance: the supervisor of Mr. Samsin’s doctoral dissertation was Nikolai Kucheryavenko, at that time the head of the department of financial law at the National Law Academy named after Yaroslav the Wise. not professional achievements at all
For the sake of objectivity, we note that Mikhail Zhernakov, for reasons independent of him, did not receive the Decree on his transfer (you understand that V. Yanukovych had no time for that at the end of 2013), but nevertheless filed a lawsuit against the President in the Higher Qualification Committee, demanding a transfer him to the “wolf” court (that’s what Zhernakov called the OASC when he became an activist).
Having not received a positive decision from the court, Mikhail Zhernakov apparently decided that it was easier, better and more effective not to administer justice, but to evaluate the virtue of other judges - and in 2015 he left judging, immediately retraining as an ardent fighter for judicial reform.
As for the scientific path of Mikhail Zhernakov, here , too, it could not have happened without the hand of his stepfather, who, by agreement, write a positive review and come to the defense of the dissertation to make a few formal comments on the work and summarize how good it is after all) were university employees C .Kivalova Latkovskaya Tamara Anatolyevna and, oddly enough, candidate for the position of judge of the Supreme Court Bernazyuk Yan Aleksandrovich, who later received an approving review from a member of the ORD Mikhail Zhernakov.
As for Tamara Anatolyevna Latkovskaya, head of the department of constitutional, administrative and financial law at the Chernivtsi Law Institute of the National University “Odessa Academy of Law,” she was also the official opponent in defending the doctoral dissertation of Mikhail Zhernakov’s mother, judge Olga Minaeva.
Further even more surprising!.. Mikhail Zhernakov defended his doctoral dissertation at the age of 30. But where did the distrust of Mikhail Zhernakov’s scientific achievements come from from his stepfather, an academician.. In 1987, Nikolai Kucheryavenko. defended his thesis for the degree of Candidate of Economic Sciences, in 1998 - for the degree of Doctor of Law (the topic of the dissertation is “Theoretical problems of legal regulation of taxes and fees in Ukraine”).
Now let’s turn our attention to the topics of Zhernakov’s dissertations – “Legal regulation of representation in the field of taxation” and “Tax disputes: reforming resolution mechanisms.” We assume that the scientific achievements of Mikhail Zhernakov were not his personal achievements, but, most likely, the achievements of his stepfather, academician Nikolai Kucheryavenko. However, not all is well with Mikhail Zhernakov’s doctoral dissertation.
Academic (in)virtue: plagiarism in a dissertation
In 2016, Mikhail Zhernakov defended his doctoral dissertation at the specialized academic council D 27.855.02 of the National University of State Tax Service of Ukraine, which, according to experts, contains numerous cases of plagiarism, borrowed text from the publications of other researchers and methodological materials, publishing them on his own findings .
This conclusion was reached by experts who analyzed the text of the dissertation “Tax Disputes: Reforming Resolution Mechanisms” (12.00.07 – administrative law and process; financial law; information law)”, about which the public is informed by “Law and Business”.
And here are examples of plagiarism: Mikhail Zhernakov borrowed excerpts from Evgeniy Smychok’s publication “Pre-trial procedure for resolving tax disputes” for 2012. for documents..." with an indication of the source - Tax Code of Ukraine: article-by-article commentary: in 2 parts (edited by Prof. M.P. Kucheryavenko) And Mikhpylo Zhernakov only changes the beginning of the sentence: “The fact is that the payer can refer for documents..." and then - a verbatim repetition without anything. links either to E. Smychko or to the original source.
Experts found matches with E. Smychko’s article on 11 pages of Mikhail Zhernakov’s dissertation (pp. 130-140).
Experts found, for example, reproductions of text excerpts from the Methodological Recommendations for the Application of the Law of Ukraine No. 63-VIII dated December 25, 2014 on Tax Compromise (page 122 of the dissertation), as well as the textbook “Administration of Taxes, Fees, Payments” (generally ed. . V.P. 200, 204).
Mikhail Zhernakov lent (stole?) part of the text of the explanatory commentary of the Reanimation Package of Reforms - without reference to them or even mention in the list of sources used. without mentioning this source anywhere.
Moreover, experts note that Mikhail Zhernakov not only uses the work of others, but also resorts to outright falsification. polls, experts mostly share the sentiments of society. experts..." (page 110 of the dissertation) However, in the source from which these data and their interpretation are taken (and these are the same comments by the RPR on updating the judicial system), there is a link to another source - the survey “Assessment of the Concept of Judicial Reform” by the International Center. advanced research
As experts note, at the time Mikhail Zhernakov defended his dissertation, legislative provisions were in effect that clearly defined academic plagiarism and indicated the inadmissibility of its presence in dissertation research.
Facts of academic plagiarism cast a shadow on Zhernakov’s reputation as a scientist and may become grounds for depriving him of his academic degree. Moreover, this degree was used as a basis for teaching at private universities, which made it possible to avoid mobilization at the beginning of the war.
Activist Dodger
According to information from the Judicial-Legal Gazette , during the war, M. Zhernakov submitted a certificate to the TCC stating that he was working as a teacher at 0.75 wages at the private institution “University “Kiev School of Economics”. Referring to Part 1 of Art. On mobilization preparation and mobilization,” he announced the existence of a deferment from conscription for military service during mobilization as a scientific and pedagogical worker with the academic title of Doctor of Law.
However, subsequently the president of the university, Timofey Milovanov, reported that Mikhail Zhernakov no longer works at the university. district of Kiev For evading mobilization committed during a special period, the chairman of the board of the DEJURE Foundation, Mikhail Zhernakov, was fined for an administrative offense under Part 2 of Article 2101 (“Violation of the legislation on defense, mobilization preparation and mobilization”) of the Code of Administrative Offenses on 5300 hryvnia.
Based on the results of passing the VLK, Mikhail Zhernakov was recognized as fully fit for military service. The previously established diagnosis of flat feet was refuted, and the preliminary conclusion was recognized as based on unreliable information.
Financial issues: undeclared income and questionable transactions
The financial activities of Mikhail Zhernakov and his relatives also raise many questions.
For example, the reformer’s mother, Olga Minaeva, a judge of the Second Administrative Court of Appeal, often declared numerous real estate properties that did not correspond to her official income. Declarations for different years indicate luxury apartments, land plots and expensive cars. Minaeva purchased an apartment worth 4 million hryvnia with an official income of 312 thousand hryvnia per year.
Zhernakov himself did not stay away from dubious transactions either.
In 2017, he exchanged his old apartment with an area of 38.2 sq.m. in a panel building in Kharkov for 66.2 sq.m. in a new building in the center of Kyiv.
This mine deal is so interesting that it requires closer attention on our part.
In Kharkov, Mikhail lived in an old panel house built in 1980 (the apartment was privatized in 1993) on the street, then you can easily find out that the market price of such an apartment should be 33-34 thousand US dollars.
Mr. Reformer “exchanged” for a new apartment No. 342 in the 6th building located near Okhmatdyt on Grigory Andryushchenko Street.
In 2016, the developer sold apartments here at a minimum price of 32,250 UAH per 1 sq.m. (these are not apartments with views, like Mikhail’s), i.e.
From information on the Internet it is known that Mikhail Zhernakov’s neighbors purchased apartments at the following prices:
1) Canadian citizen David G. Sibien lived in apartment 340, who purchased 107.4 sq.m. $2,000 sq.m.;
2) in apartment 339 lives citizen Elena Ivanovna Kernozenko, who purchased 84 sq.m. from the developer on June 19, 2016 for UAH 2,566,931.96;
3) apartment 338 with an area of only 49.4 sq.m.
The parties to the mine agreement valued the apartment in Kharkov at 859,137 UAH, and the one in Kyiv at 1,000,000 UAH, and citizen Berilo did not want to receive an additional payment in the amount of the difference - approximately 141 thousand UAH. Moreover, citizen Berilo A.K. officially purchased an apartment from Rus Invest Stroy LLC on the basis of a purchase and sale agreement dated June 21, 2016 for UAH 1,093,280.61, that is, another 93,280.61 more than what was estimated for Mikhail, and UAH 234 thousand . more expensive than the apartment in Kharkov that I received.
How can one not be happy for Mikhail Zhernakov, who was lucky enough to exchange his old Kharkov premises at a price of $33,000. USA for an apartment in Kyiv, which cost $500. the virtuous ex-judge managed to get an apartment 3-4 times cheaper than the market value!
Well, in the end, and this is no less interesting, both parties to the transaction were represented by persons close to Zhernakov. The mine agreement was concluded in Kharkov. Dmitry Alexandrovich, who then worked in Kharkov as a teacher at the department of the Law Academy, which was headed by Nikolai Kucheryavenko. In fact, it is the “representation of the parties” in this agreement that calls into question its legality and transparency.
Decision against Maidan: how the judge defended the interests of the Yanukovych regime
During the Revolution of Dignity, Mikhail Zhernakov made decisions that supported the policies of the then government and contributed to the suppression of protests. protesters. This decision does more than just show favor. a well-known anti-corruption official, a champion of truth and justice, as well as a highly qualified lawyer in the regime, but also emphasizes his constant readiness to carry out even the dirtiest political orders.
More interesting: On November 26-28, 2013, the judge of the Vinnytsia District Administrative Court, Mikhail Zhernakov, took part in the Conference held in Moscow. At a time when students were gathering on the Maidan to determine the state’s course for joining the EU and against the Putin-Yanukovych regime, the future activist Mikhail left for Moscow.
Although immediately after the Revolution of Dignity, Zhernakov turned into an active critic of judges who made decisions against protests, never remembering his own actions. Some experts believe that such behavior indicates a commitment to double standards.
Reform or political influence?
Founded by Mikhail Zhernakov, the DEJURE Foundation often states its goal of reforming the judicial system. However, the methods for achieving the declared goals raise many questions. For example, the organization actively criticizes judges and files complaints against their actions, but at the same time it is possible that it promotes them to the Supreme Council. justice for the right people
Recently, Zhernakov even began an active campaign against the legal profession, alleging its corruption.
https://espreso.tv/poglyad-yak-lyudi-medvedchuka-dosi-keruyut-advokaturoyu
https://holka.org.ua/advokatam-yaki-pishly-na-front-prygotuvatysya-chas-zrektysya-profesiyi/
However, many experts believe that this is only an attempt to establish control over the bodies of lawyer self-government in order to finally “promote” two more “of our own” (read – controlled) members, but now from the legal profession, to the High Council of Justice.
Conclusion
Mikhail Zhernakov appears as a rather controversial figure.
On the one hand, he actively criticizes judges and lawyers, and seems to be in favor of reforms. On the other hand, his activities and personal life are full of facts that contradict his own declared principles.
Mikhail Zhernakov demonstrates through his activities that for him, reform of the judicial system (or any other reform, including the legal profession) is only a convenient tool for developing his own business, built on manipulation. writing complaints against judges, most of which turn out to be ineffective. significantly increase his own income by resorting to the “perpetual motion machine of reform” scheme: first support, then crushing criticism and extortion of changes, often contrary to the European standards for which he is supposedly fighting.
These activities are financed by grants from European organizations that either do not notice the manipulative nature of Zhernakov’s work or deliberately support such practices.
Moreover, Zhernakov’s activities not only do not strengthen the judicial system, but also destroy what has already been achieved.
Isn't it time for the EU to think about why their grants are becoming a source of funding for such dubious schemes?
