Marchak Vitalii Yaroslavovych

Marchak Vitalii Yaroslavovych

Judge of the Court of Appeal of Chernivtsi Region — candidate for the position of judge of the Appeals Chamber of the High Anti-Corruption Court

Score based on the results of anonymous written testing — 87.75 out of 90 (second place by rating)

Motivation

Among skills, he names «practical experience in investigation (obviously referring to experience as an investigator — editor's note ) and consideration of crimes in the field of economy, corruption, conducting scientific research».

Biography

Born on June 2, 1973, in the village of Mateivtsi. Graduated from Chernivtsi National University named after Yuriy Fedkovych. Defended candidate and then doctoral dissertations at the National Academy of Internal Affairs of Ukraine.

From 1997 to 2002, worked as an investigator of the Investigation Department of the Ministry of Internal Affairs of Ukraine in Chernivtsi region. From 2002 to 2007, was a judge of the Novoselytsia District Court of Chernivtsi region. Since 2007 — judge of the Court of Appeal. Professor of the Department of Criminal Law and Criminology, associate professor of the Department of Justice.

In 2010, submitted an application for election as a judge of the newly established High Special Court for Civil and Criminal Cases, in 2013 the materials were withdrawn.

Judiciary

Successfully passed qualification assessment. Specializes in consideration of criminal cases and cases of administrative offenses. Since November 2012 — investigating judge. From 2016 to 2018, was deputy chairman of the Court of Appeal.

Among cases that could indicate his competence, he mentioned cases of murder, attempted murder, official forgery, a case of administrative corruption offense, and others. He noted that he issued acquittals while working in the district court.

In 2014, ran for the High Council of Justice from the congress of representatives of legal higher education institutions and scientific institutions.

On June 18, 2018, a disciplinary complaint (submission) was received by the High Council of Justice against judge of the Court of Appeal of Chernivtsi region V. Marchak (at the time of the complaint — acting chairman) requesting to bring to disciplinary responsibility judge of the Storozhynets District Court of Chernivtsi region O. O. Dyachuk. The complaint emphasized that according to the Criminal Procedure Code, criminal proceedings in the court of first instance regarding crimes punishable by imprisonment for more than 10 years are conducted collegially by a panel of three judges. However, on November 3, 2016, during the automated distribution of a court case among judges of the Storozhynets District Court of Chernivtsi region, judge O. O. Dyachuk was selected as presiding judge without determining the collegial composition of the court.

Declaration

Since 2014, he has had use under a loan agreement of an apartment of 42 sq.m in Chernivtsi (owner — Marchak Yaroslava Vasylivna). The ex-wife declared a garage of 16 sq.m under sublease and a Toyota RAV-4 2013 model year in ownership.

Family ties

Divorced. Was married to Marchak (Vivcharyuk) Aliona Todorivna from 2008 to 2017. By court decision, alimony was collected for the maintenance of their son, who continued his studies.

Recommendations

Marchuk Valerii Trokhymovych, Kostytskyi Mykhailo Vasylovych, Oliinyk Mykola Vasylovych, Diakon Rodika Dmytrivna, Ohorodnyk Anatolii Petrovych.

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