The Prosecutor of Cherkasy Region Was Summoned Four Times for Disability Group II Verification by MSEC

The Qualification and Disciplinary Commission of Prosecutors made another decision regarding a prosecutor due to untimely medical examination within the framework of the nationwide verification of MSEC decisions concerning officials.

By decision No. 251dp-26, the Qualification and Disciplinary Commission of Prosecutors held the prosecutor of the department of the Cherkasy Regional Prosecutor's Office, Kostiantyn Tyshchenko, disciplinarily liable.

Essence of the disciplinary proceeding

The basis for opening the proceeding was a disciplinary complaint from the head of the Cherkasy Regional Prosecutor's Office, submitted in July 2025. It stated that the prosecutor repeatedly failed to appear at the designated medical institution for inpatient examination despite official summons and personal notifications.

This concerned the implementation of decisions of the National Security and Defense Council of Ukraine and instructions from the Office of the Prosecutor General regarding the verification of the validity of previously established disability groups for officials.

About the prosecutor

Kostiantyn Tyshchenko has worked in the prosecution bodies since July 2003. He has held the position of prosecutor of the department supervising compliance with laws by territorial police bodies in operational-investigative activities, inquiry, pre-trial investigation, and public prosecution support of the supervision department for compliance with laws by the National Police of Ukraine at the Cherkasy Regional Prosecutor's Office since June 19, 2024.

He took the prosecutor's oath on February 2, 2011, and was familiarized with the provisions of the Code of Professional Ethics and Conduct of Prosecutors on June 19, 2017.

The official was characterized positively and had no disciplinary sanctions.

Circumstances of the case

According to a certificate attached to the inspection report from May 2015 of the Cherkasy Regional Medical and Social Expert Commission, Kostiantyn Tyshchenko was assigned disability group II indefinitely due to a general illness.

According to the resolution in effect at the time of establishing the disability group and until February 30, 2022, the MSEC or the medical-consultative commission had to review rehabilitation measures provided by the program at least once every two years. The control date for the rehabilitation program for the prosecutor was set for May 15, 2017, but subsequently, Kostiantyn Tyshchenko did not submit an updated individual rehabilitation program for a person with a disability to the personnel department.

Moreover, the Cherkasy Regional Prosecutor's Office has no information about the prosecutor using social guarantees related to disability status or receiving payments from the Pension Fund of Ukraine. At the same time, according to declarations of persons authorized to perform state or local government functions posted in the Unified State Register of Declarations, Kostiantyn Tyshchenko has received pension income since 2015, i.e., from the moment the disability was established.

Also, the Cherkasy Regional City Territorial Recruitment and Social Support Center excluded him from military registration in 2020.

Since the Ministry of Health initiated a verification of the accuracy of diagnoses and the sufficiency of grounds for establishing disability groups for several employees of state and law enforcement agencies, the prosecutor was summoned several times to the State Institution "Ukrainian State Scientific Research Institute of Medical and Social Problems of Disability of the Ministry of Health of Ukraine" at various times in 2024–2025.

The commission established that:

• during the first summons period, the prosecutor was undergoing treatment;
• during the second and third periods, he was on official business trips and vacation;
• during the fourth period, he was duly notified but did not arrive at the medical institution within the established timeframe.

The prosecutor's immediate supervisor informed the Commission that he was unaware of the Office of the Prosecutor General's and regional prosecutor's office leadership's requirements regarding the prosecutor's need to appear at the medical institution in Dnipro for examination. According to him, in 2024–2025, Kostiantyn Tyshchenko did not contact him about requesting leave to undergo such examination, and he was also unaware of any refusals to grant leave during that period.

The prosecutor himself stated that from November 10 to 14, 2025, he underwent a medical examination, confirmed by the corresponding certificate dated 14.11.2025 No. 827.

However, at the time of the Commission's consideration, the final results of this examination, including the decision (conclusion) of the expert team on assessing daily functioning regarding cancellation or change of the disability group, were not received in the disciplinary case materials. Also, there is no information in the Unified State Register of Court Decisions about Kostiantyn Tyshchenko appealing the expert team's conclusion in court.

Prosecutor's position

During the case review, the prosecutor explained that he could not timely appear at the medical institution due to treatment, business trips, and family circumstances. Later, he did undergo the examination in November 2025 and acknowledged the untimeliness of fulfilling some requirements.

The prosecutor noted that he supports his mother, born in 1956, who is elderly, a widow, and an internally displaced person. According to him, his mother has several serious illnesses and temporarily resides in Cherkasy, undergoing treatment including surgical intervention, courses, and other medical measures at the municipal non-commercial enterprise "Clinical Center of Oncology, Hematology, Transplantology, and Palliative Care of the Cherkasy Regional Council."

According to the prosecutor, his mother required constant external care and assistance, and since she has no other close relatives, he could not leave her unattended and leave earlier for Dnipro for the medical examination.

Kostiantyn Tyshchenko stated that the untimely arrival at the specified medical institution was due to objective circumstances, which he reported in his written explanations. In particular, on the date of the first summons, he was on sick leave, later on a business trip, and at the time of the fourth summons, there were family circumstances related to the death of a close person.

Also, during the Commission meeting, the prosecutor submitted documents that, according to him, confirm his daily involvement in court hearings while on a business trip. In this regard, he asked the Commission to consider his business trip and related official workload when making a decision in the disciplinary proceeding.

Complainant's representative's position

The complainant's representative noted that the prosecutor's stay on a business trip from December 23, 2024, to March 22, 2025, did not in itself deprive him of the opportunity to apply for leave to undergo a medical examination. According to her, such a procedure is provided by regulatory acts, including the Regulation on the organization of personnel work in prosecution bodies. Therefore, in her opinion, the prosecutor had a defined and accessible procedure that allowed him to ensure the examination in the prescribed manner.

Additionally, the complainant's representative pointed out that the summons to the medical institution from April 14, 2025, to May 29, 2025, provided a much longer period for undergoing the examination. Therefore, she believes the prosecutor had a real opportunity to timely fulfill the obligation to appear at the medical institution.

At the same time, the complainant's representative noted that the prosecutor did undergo the relevant medical examination, thereby effectively fulfilling the socially significant request to confirm the legitimacy of the assigned disability group.

Commission's conclusions

The Qualification and Disciplinary Commission of Prosecutors concluded that the prosecutor committed a continuing disciplinary violation lasting from December 18, 2024 (the moment of proper acquaintance with the second summons) to November 10, 2025 (the actual examination date).

The Commission noted that before the business trip starting December 23, 2024, after becoming acquainted with the summons, Kostiantyn Tyshchenko had three working days during which he could have taken measures to appear at the medical institution or properly coordinate the postponement of the examination date.

Although the Commission took into account that the prosecutor arrived at the institute and was hospitalized for examination from November 10 to 14, 2025, the fact of further examination does not negate the circumstances of his previous prolonged failure to appear at the medical institution after proper acquaintance with the relevant summons.

Therefore, the Commission concluded that the prosecutor's actions constitute a disciplinary offense and, when determining the type of disciplinary sanction, considered the obviousness of the violation, its continuing nature, untimely fulfillment of lawful requirements of the leadership, untimely response to certain duly communicated summons, significant public resonance related to possible improper acquisition of disability status by prosecutors, and the absence of timely repeated medical examination.

At the same time, it was taken into account that some reasons for non-appearance were exceptional circumstances.

Decision

Based on the review, the Qualification and Disciplinary Commission of Prosecutors decided to apply a disciplinary sanction to the prosecutor in the form of a one-year ban on transfer to a higher-level prosecutor's office and appointment to a higher position.

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