.jpg)
Polyak Olena Ivanivna[1], judge of the Kyiv Commercial Court of Appeal — candidate for the position of judge of the Commercial Cassation Court within the Supreme Court
Rating based on exam results
Sixth place in the ranking by total exam score (177.5 points).
Biography
Graduated from the Yaroslav Mudryi National Law Academy. In 1992–1993, she was a court session secretary at the Military Court of the Kyiv Garrison. From 1993 to 1998, she worked as a legal counsel at JSC "Monolitspetsbud." From February to May 1998 — specialist of the first category at the Main State Association of Legal Information and Propaganda of Legal Knowledge of the Ministry of Justice of Ukraine; from 1998 to 2004 — specialist of the first category of the judicial panel for dispute resolution of the Higher Arbitration Court of Ukraine.
From 2004 to 2005, she was a judge of the Commercial Court of Kyiv region; from 2005 to 2008 — judge of the Commercial Court of Kyiv. From 2008 to 2012 — judge of the Kyiv Commercial Court of Appeal. In 2012, she became a judge of the Higher Commercial Court of Ukraine. In 2018, due to the liquidation of the Higher Commercial Court of Ukraine, she was transferred to the position of judge of the Kyiv Commercial Court of Appeal. However, currently, within the framework of optimization, the court ceased its activities, a new Northern Commercial Court was created, to which the judge is still awaiting transfer.
Candidate of Legal Sciences (Yaroslav Mudryi National Law Academy). Candidate dissertation on the topic "Commercial and legal support for the implementation of foreign economic activity under WTO conditions."
Motivation
"Having inherited an increased sense of justice, concern for people, and responsibility for my actions, I devote enough attention to each case with the aim of making such a decision that the party against whom the decision is made understands that this decision is balanced, lawful, and fair."
Judiciary
Indicated in the questionnaire that she had a separate opinion in the case of termination of a land lease agreement due to a change of the real estate owner. Considered the termination of such an agreement groundless, since according to Art. 377 of the Civil Code and Art. 120 of the Land Code, the lease right of the previous owner of the property is terminated automatically and the party to the obligation is replaced by the new owner of the property.
Family ties
According to the declaration of family ties for 2013–2017, the candidate's husband Udovychenko Oleksandr Serhiyovych has been working as a lawyer at AO "Ader Haber and Co" since 2018; from 2010 to 2014 he held the position of a member of the High Council of Justice; and from 2004 to 2018 he worked as a judge of the Higher Commercial Court of Ukraine. The son Polyak Oleksandr Oleksandrovych — director LLC "Delta Premium", which is engaged in wholesale trade (previously engaged in trading building materials). Brother Khomenko Oleksandr Ivanovych — private entrepreneur.
Recommendations
Judge of the Commercial Cassation Court within the Supreme Court Svitlana Bakulina, judge of the Kyiv Commercial Court of Appeal Lyudmyla Kropyvna, associate professor of the Department of International Law at Yaroslav Mudryi National Law Academy Yevhen Bilosusov, retired judge of the Higher Commercial Court of Ukraine Viktor Semchuk.
Disciplinary complaints
During her work as a judge, disciplinary complaints were filed against the candidate. The High Council of Justice refused to open disciplinary cases three times.
Declaration
Jointly with her husband, she owns an apartment of 198 sq.m in Kyiv, as well as 50% of an apartment of 70 sq.m and 20% of an apartment of 76 sq.m in the capital. No other co-owners of the apartments were indicated. The son Udovychenko Ivan Oleksandrovych owns an apartment of 75 sq.m in Kyiv. The husband also declared a hunting rifle and two hunting carbines, and the judge herself — an OMEGA watch.
Also, O. Polyak declared the right to use a 2007 Mercedes-Benz ML 350, which belongs to Kundyrevych Andriy Ihorovych.
The National Agency on Corruption Prevention established the following discrepancies: "In section 3 'Real estate objects,' the candidate indicated an apartment of 198 sq.m (50% ownership), which according to the State Register of Property Rights to Real Estate does not belong to her. The candidate also indicated 20% ownership of an apartment of 76 sq.m without specifying other co-owners."
[1] Previous surname — Khomenko.
