Volkov Andriy Stanislavovych
Head of the Bankruptcy Case Support Department of the Problem Debt Department of PJSC "NAK "Naftogaz Ukrainy" — candidate for the position of judge of the Cassation Administrative Court of the Supreme Court
Biography
In 1987–1988, he worked at the K. A. Rumyantsev mine of the Artemvuhillya Production Association as an underground mining foreman. In 1988–1989, he was a cadet, squad leader at the Riga Higher Military-Political School named after K. A. Biryuzov. Until 1990, he served in the Armed Forces of the USSR.
In 1995, he graduated from the National Law Academy of Ukraine in Kharkiv. He worked at the innovative-commercial NPC Bank (renamed in 2002 to "Real Bank"), the First Ukrainian International Bank, including as head of the commercial department, as senior legal counsel in the Aval Bank directorate in Kharkiv. He was a legal counsel at the LLC "BDO Balance-Audit" of the auditing firm BDO International, then at the joint Ukrainian-Cypriot enterprise "Deloitte & Touche Ukrainian Services Company." From 2002 to 2004, he was head of the legal service of the Training and Methodological Center of the Federation of Professional Accountants and Auditors of Ukraine.
Center for Commercial Law and Judiciary
From 2006 to 2008, he was head of the legislative development department of the charitable organization "Center for Commercial Law." It is worth noting that for a long time it was headed by Valentyna Danishevska, who is currently the head of the Supreme Court. He was also head of the legislative development department, and before his appointment as a judge in 2008 — head of the legal department at the representation of the firm "Deloitte Touche Tomatsu Emerging Markets Ltd" in the KP "General Directorate of the Kyiv City State Administration for servicing foreign representations."
From 2008 to 2017, he worked as a judge of the Kyiv District Administrative Court. Twice elected as a member of the Council of Judges of Administrative Courts and the Council of Judges of Ukraine. After resigning voluntarily from the judiciary, he returned to the "Center for Commercial Law," now as director. Currently — head of the bankruptcy case support department of the problem debt department of PJSC "National Joint Stock Company "Naftogaz Ukrainy." Lawyer at the law firm "Ukrainian Legal Collegium "International Legal Assistance," which includes 24 lawyers. Has had the right to practice law since 2000. He underwent advanced training at the International Law Institute (Washington) in 2002, and at the European Academy in Berlin in 2004.
Judicial Cases
Among the cases that may demonstrate his competence, he mentioned, in particular, a case where the plaintiff received a refusal from the embassy for free visa processing and therefore asked the court to oblige the Ministry of Foreign Affairs to take diplomatic response measures; he sent a note to the embassy and asked to revoke the exequatur of German diplomats. He also mentioned a case where the plaintiff challenged the inaction of a state body regarding the failure to provide information about the state of atmospheric air pollution.
Motivation
"Before becoming a judge, I studied and worked in various legal fields, gaining life experience. Working for a long time as a legal counsel in the banking sector and auditing, and later as a lawyer, I personally felt how difficult it is to seek justice."
Legislative Work
"Working as a legal advisor and legislative work consultant under international technical assistance programs of the European Community TACIS, the USAID Agency, and the Threshold Countries Program of the Millennium Challenge Corporation fund, I participated in the development of about 15 legislative acts, including amendments and additions to the Civil Code of Ukraine, the Civil Procedure Code, laws "On Restoration of Debtor Solvency or Recognition of Bankruptcy," "On Enforcement Proceedings," "On State Registration of Legal Entities, Individual Entrepreneurs and Public Formations," etc., as well as preparing numerous legal opinions on draft laws," noted A. Volkov in his motivation letter.
Maidan Cases
On June 23, 2017, the first disciplinary chamber of the High Council of Justice refused to bring to disciplinary responsibility the judges of the Kyiv District Administrative Court, among whom was A. Volkov.
On July 31, 2014, a statement from Maksym Sereda (currently a member of the High Qualification Commission of Judges) was received by the Temporary Special Commission for the verification of judges regarding judge Volkov A. S. in connection with his rulings on December 1, 2013, and January 10, 2014, in cases No. 810/6473/13-а and P/810/109/14-а. Later, a similar statement from the People's Deputy of Ukraine Oksana Prodan was received by the TSC regarding judge Volkov A. S. in connection with his ruling on December 1, 2013, in case No. 810/6473/13-а.
On December 1, 2013, judge A. Volkov issued a ruling that established restrictions on the exercise of the right to peaceful assembly by prohibiting the VO "Batkivshchyna" (Kyiv city organization of the political party, a third party without independent claims on the subject of the dispute — the Main Department of the Ministry of Internal Affairs of Ukraine in Kyiv region) and other entities exercising the right to peaceful assembly from holding events from December 1, 2013, to January 7, 2014, on Ivan Franko Street, 19, in Novi Petrivtsi village, Vyshhorod district, Kyiv region (official residence of the President of Ukraine "Mezhyhirya"). The court ruling was justified by the fact that holding peaceful events with sound amplification equipment would violate the rights of the residents of Novi Petrivtsi village to rest. Moreover, considering the estimated number of participants (about 150 thousand supporters of Ukraine's European integration, as well as the possibility of a large number of opponents joining), this would not only hinder traffic but also create a threat of mass clashes, violations of citizens' safety and public order, which law enforcement agencies would be unable to ensure.
As stated in the decision of the High Council of Justice Disciplinary Panel, the judge took into account the content of the letter from the Ministry of Internal Affairs and additional explanations from its representative, which indicated that on November 30, 2013, during mass events involving supporters and opponents of Ukraine's European integration, numerous clashes and public order violations occurred; that due to the large number of participants, law enforcement would not be able to maintain order in the area planned for the event.
A. Volkov provided explanations stating that when making decisions in cases No. 810/6473/13-а and P/810/109/14-а and No. 810/850/14-а (as part of a panel of judges), he proceeded from the fact that despite the peaceful intentions of the protest organizers, considering the large number of participants, simultaneous unauthorized counter-demonstrations, and the possibility of provocateurs among protesters in confrontation with special units, the court concluded there was an extremely high level of danger to the life and health of citizens, as well as a threat of the peaceful action turning into mass disorder, and that in these cases peaceful assemblies were prohibited by the court for security reasons, which justifies such restriction of rights.
As noted by the High Council of Justice Disciplinary Panel, "the violations committed by judges Volkov A. S., Kharchenko S. V., Zhuravlyov V. O. were due to negligence, since during the disciplinary case review no information was established that would allow concluding that the respective violations were committed intentionally. The Disciplinary Panel also takes into account that when deciding on restrictions on the exercise of the right to peaceful assembly in case No. P/810/109/14-а, judge A. Volkov took into account information that clashes occurred among participants of peaceful assemblies in other cities, which led to mass violations, as evidenced by the case materials."
Family Connections
Divorced, has two daughters. Currently lives together with Ostapenko Olha Yuriyivna, who works as head of the department of the Kyiv Regional Court of Appeal.
Declaration
He jointly owns with his ex-wife an 86.6 sq.m apartment in Kyiv and rents a 24.9 sq.m apartment in Kyiv. Among unfinished construction objects, he owns a 137.2 sq.m apartment in Khodosivka and a 22.4 sq.m terrace (Housing Cooperative "Kvitnevyi Dim"). He also declared two jointly owned cars — Toyota RAV4 2003 model year and Infiniti M35 2007 model year.
In 2017, he received a salary of 773,218 UAH at the NGO "Center for Commercial Law" and 154,595 UAH as a judge.
Recommendations
Head of the Kyiv District Administrative Court Oleh Basay, judge of the Kyiv Administrative Court of Appeal, member of the Council of Judges of Ukraine Yevhen Mezentsev, judge of the Cassation Commercial Court within the Supreme Court, member of the Council of Judges of Ukraine in 2015–2018 Valeriy Sukhovyi.
