Mykhailenko explains why court approved Pashynskyi's plea deal terms on millions for funds

The court's role in approving terms

Former head of the High Anti-Corruption Court Vera Mykhailenko explained the mechanism for the court's decision regarding the financial obligations of former Office of the President head Serhiy Pashynskyi. According to her, it is the parties—the prosecution and the defence—who agree on the specific amounts and the charitable organisations that will receive the funds.

The court performs a different function: it verifies whether the reached compromise decision complies with the requirements of current legislation.

Limits on judges' powers

In a broadcast on Radio Svoboda, Mykhailenko emphasised that the court cannot independently instruct the parties on exactly where the money should be directed. She highlighted the absence of such powers in the court.

«Суд не может сказать: «Нет, уважаемый прокурор, уважаемый подсудимый, защитник, давайте вы перечислите средства не туда, а туда». У суда нет таких полномочий» (The court cannot say: "No, honourable prosecutor, honourable defendant, defence counsel, let you transfer the funds not there, but there". The court has no such powers), stated the former head of the High Anti-Corruption Court.

In accordance with the terms of the agreement, Pashynskyi is obliged to transfer 400 million UAH to the Come Back Alive fund and another 100 million UAH to the Sternenka Community fund. It was these parameters that were approved by the court as lawful.