An Odesa Prosecutor Who Issued a Theft Suspicion Against a Child for a Moped Was Deprived of a Bonus and Banned from Promotion for 3 Months

The Qualification and Disciplinary Commission of Prosecutors adopted decision No. 240dp-26 to hold the prosecutor of the Khadzhibey District Prosecutor's Office of the city of Odesa, Olha Bystrevska, disciplinarily liable.

The prosecutor was subjected to a penalty in the form of a three-month ban on transfer to a higher-level prosecutor's office and appointment to a higher position.

Case circumstances

The disciplinary proceeding was opened based on complaints from the head of the Khadzhibey District Prosecutor's Office and a lawyer. It concerned possible violations during procedural supervision in a criminal case involving a minor accused of illegal seizure of a Yamaha moped.

As established by the Commission, on September 30, 2025, the prosecutor approved the notification of suspicion against a person who, at the time of the act, had not reached 16 years of age and could not be a subject of criminal liability under the incriminated article.

Subsequently, the notification of suspicion was canceled.

About Olha Bystrevska

Olha Bystrevska has been working in the prosecutor's offices since October 1998 and in the position mentioned in the disciplinary complaint since August 7, 2025.

She took the prosecutor's oath on February 8, 2011, and became familiar with the provisions of the Code of Professional Ethics and Conduct for Prosecutors, approved on April 27, 2017, by the All-Ukrainian Conference of Prosecutors, on September 15, 2017.

She is characterized positively. She has no disciplinary sanctions. She has been repeatedly encouraged by the head of the regional prosecutor's office and the Prosecutor General.

Findings during the disciplinary proceeding

Investigators of the Odesa RUP No. 1 of the Main Directorate of the National Police in Odesa region conducted an investigation in a criminal case under Part 1 of Article 289 of the Criminal Code of Ukraine (illegal seizure of a vehicle). Procedural supervision was carried out by a group of prosecutors, headed by prosecutor Olha Bystrevska.

According to the investigation, on September 20, 2025, the minor illegally seized a Yamaha moped. On September 30, the investigator drew up a notification of suspicion, which was approved the same day by prosecutor Olha Bystrevska and handed to the person.

At the same time, it was established that at the time of the incriminated act, the minor had not reached 16 years of age.

As the head of the group of prosecutors, Olha Bystrevska did not ensure compliance with the requirements of the Criminal Procedure Code regarding proceedings involving minors: information about the person was not fully clarified, proper interrogation with the participation of a defender and in the manner prescribed by law was not ensured.

Only on November 3, 2025, the notification of suspicion was canceled by a decision of the deputy head of the district prosecutor's office — more than a month after it was handed over.

Subsequently, a motion was prepared in the proceedings to apply compulsory educational measures to the minor, which the prosecutor approved and sent to court. The consideration of this matter is still ongoing.

Separately, the Odesa Regional Prosecutor's Office conducted an official investigation, which confirmed the facts of violations of the requirements of criminal procedural legislation during procedural supervision as stated in the complaint.

What the prosecutor stated

Olha Bystrevska stated that she mistakenly approved the suspicion due to a significant workload. According to her, at the end of October 2025, she discovered that the notification of suspicion against the minor was drawn up and handed over in violation of the current criminal legislation, about which she reported to the deputy head of the district prosecutor's office.

For the violations committed, she was deprived of a bonus during the annual evaluation of the prosecutor's work quality in 2025.

Commission's conclusions

The Qualification and Disciplinary Commission of Prosecutors concluded that the prosecutor did not properly verify the age and procedural status of the person, did not take measures to comply with the requirements of current legislation, and accordingly did not ensure the fulfillment of the tasks of the criminal proceedings.

The Commission noted that such actions led to the violation of the rights and freedoms of the minor.

Therefore, taking into account the nature of the violations, the positive characterization, and the long service of the prosecutor, as well as the deprivation of the bonus, the Commission chose a penalty in the form of a temporary ban on promotion or transfer to a higher prosecutor's office for three months.

The decision may be appealed to the administrative court or to the High Council of Justice.

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