Conclusion on dishonesty approved
The Public Integrity Council (PIC) officially approved a conclusion stating that Roman Titivalov, a judge of the Turiisk District Court in Volyn region, does not meet the criteria for integrity and professional ethics. The primary reason for this decision was a road traffic accident involving him in 2019.
Circumstances of the accident and expert findings
The incident occurred on 27 February 2019, when Titivalov was celebrating his 37th birthday. In the evening, his Audi A6 crashed into a DAF truck in the settlement of Turiisk near a petrol station. As a result of the impact, the truck flew onto the verge and destroyed a public transport stop.
In addition to police and ambulance services, investigators from the Lviv Territorial Directorate of the State Bureau of Investigations arrived at the scene. Initially, Roman Titivalov refused to take an alcohol test, but blood samples were eventually taken. He was taken to the emergency room of the Kovel Territorial Medical Association. The truck driver was checked immediately: devices did not detect alcohol consumption, but blood samples for testing were also taken.
A forensic toxicological examination established that the judge’s blood contained 2.67 per mille of ethanol, exceeding the permissible limit by more than 13 times. The State Bureau of Investigations investigated the criminal case under Part 1 of Article 286 of the Criminal Code of Ukraine (“Violation of road traffic safety rules or vehicle operation by persons driving vehicles”) for almost a year, appointing and conducting a series of automotive and medical examinations.
Reaction of the judicial system and the High Council of Justice
In March 2020, the Kovel City District Court closed the administrative proceedings under Articles 124 and 130 of the Code of Ukraine on Administrative Offences due to the absence of the elements of an offence. The court deemed the expert conclusion inadmissible evidence due to violations in the procedure for collecting, storing, and examining blood samples. The criminal case was also closed, with Titivalov being granted victim status. He even filed a complaint with the Lychakivskyi District Court of Lviv against the inaction of an investigator who had refused to grant him this status, after learning that the State Bureau of Investigations had closed the case in January 2020 without filing charges.
The High Council of Justice (HCJ) refused to open disciplinary cases, citing, among other things, the expiration of the statute of limitations.
Public Integrity Council’s reasoning
The PIC emphasised that the closure of cases does not dispel doubts about the judge’s integrity. According to the council, the court did not establish the absence of alcohol in the blood, but only deemed the evidence inadmissible. For assessing reputation, the nature of the incident, public resonance, and the judge’s behaviour are important, not just the formal outcome of the proceedings. The candidate’s explanations did not remove justified doubts about his impeccable character.
Analysis of judicial practice
The council also drew attention to the specifics of Titivalov’s judicial practice:
- in three cases under Article 130 of the Code of Ukraine on Administrative Offences (driving while intoxicated), he exempted individuals from liability under Article 21 of the Code and referred the materials to workplace collectives;
- in 39 cases of domestic violence (Article 173-2 of the Code), he applied Article 22 of the Code, deeming the offences minor.
These facts in themselves did not become grounds for a negative conclusion, but the PIC recommended that the High Qualification Commission of Judges obtain explanations from the candidate.
Career and personal details
Roman Titivalov has worked at the Turiisk District Court since 2012. In 2018, he successfully passed the qualification assessment and was appointed to the position of judge on a permanent basis. His father, Kostiantyn Titivalov, previously held the position of prosecutor of the transport prosecutor’s office in Kovel and is currently engaged in legal practice. Roman’s brother also works as a lawyer.
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