How prosecutor Dmitry Zhitnik was ostracized from the criminal case of bribery and other crimes
Prosecutor-bribe-taker Dmitry Zhitnik still heads the department, despite the fact that there are plenty of criminal cases against him, and there are more and more official investigations every year. It’s time to put all the dots over the «and», and send the criminal behind bars.
A few months ago, it was reported that an organized criminal group was operating in the Kyiv-Sviatoshynskyi district of the Kyiv region, raiding companies, extorting money, covering illegal logging, sand mining, and building houses. And it is headed by officials of the local prosecutor’s office.
One of the main participants in the criminal group is the head of the Obukhov department of the prosecutor’s office Dmitry Zhitnik, who, according to local residents, still keeps the entire district of Kyiv region in fear.
Zhitnik is made invulnerable by his accomplice — the head of the Kyiv-Sviatoshynsky local prosecutor’s office Yuri Dmitrun, who himself is involved in various crimes. Dubinsky.pro described many of his criminal schemes, but Zhitnik still holds a leading position and bears no responsibility for his actions.
There is another long history that has been hidden «at the bottom». Dubinsky.pro is ready to raise the facts to restore justice, so that the security forces finally take Zhitnik and his accomplices and send all those responsible to prison.
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Let’s start from the beginning
After graduating from the Kiev University of Law in 2003, Zhitnik began to look for his «place under the sun», and in 2004 he joined the Prosecutor’s Office of the Desnyansky district of Kyiv. There he begins his tortuous career: he roams in different parts of Kiev.
A special place in this story is occupied by the Podolsk Prosecutor’s Office of Kyiv, which we will talk about.
In October 2008, Dmitry Zhitnik was transferred from the position of senior prosecutor of the Department for the Protection of Property Rights and Freedoms of Citizens and the Interests of the State Prosecutor’s Office of Kyiv to the position of Deputy Prosecutor of the Podolsk District. Where he for several years, carried out his criminal activities.
For example, in February 2011, the SBU sent an investigation to the prosecutor’s office of the Podolsk district of Kyiv regarding the legality of the formation of a tax credit by Inves, with the help of concluding agreements with Riscator-Trade. The materials fell into the hands of Zhitnik, who signed the received documents against Stanislav Melnik, the assistant prosecutor of the Podolsk district of the city.
The miller, in turn, had to carry out an appropriate inspection within 30 days, which was not done. But even after the deadline, he invited the former director of «Riscator-Trade» K. Poluyan to a meeting and said that, according to the results of the inspection, a criminal case may be initiated against him. To get his. For $ 7 thousand agreed to close the case. To conclude this «deal», Melnik told all the details of the conversation to his boss Zhitnik, and he approved of this action.
In the period from April 15 to April 26, 2011, Poluyan, through the prosecutor’s office guard (they left the newspaper with the money), the office (they left the folder with the money there as well), transferred the specified amount in parts to Zhitnik. And Melnik acted as a mediator in the scheme.
During the trial, Melnik admitted everything. That he received a bribe from Poluyan, by prior agreement with Zhitnik, but still tried to absolve himself of responsibility. He insisted that Poluyan himself had offered the money. It is also interesting that from this amount Zhitnik left Melnik only $ 1 thousand.
Zhitnik himself did not admit any guilt. Despite the fact that during his detention — April 26, 2011, law enforcement officers found part of his money in his office: $ 1.5 thousand. and 20 thousand hryvnia. At Melnik, at the time of detention, no cash was found.
Zhitnik also stated that he was waiting for a folder with working documents from Melnik and that he did not know that there was money there. He also said that cash could be thrown by SBU officers. And Melnik’s testimony is a self-denial under the psychological pressure of the security forces.
However, the court did not believe in these ridiculous excuses. Zhitnik and Melnik were found guilty of committing a crime under Part 2 of Article. 368 of the Criminal code of Ukraine (Acceptance of the offer, the promise or reception of illegal benefit by the official). Sentenced to 5 years in prison, with the deprivation of the right to hold certified positions in law enforcement agencies. And also the positions connected with performance of functions of the representative of the power and to hold the positions connected with performance of organizational and administrative and administrative and economic obligations at the enterprises, establishments and the organizations of all patterns of ownership for a period:
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- for Zhitnik — for 3 years;
- for Melnik — for 2 years.
In the end, Dmitry Zhitnik was deprived of the rank of «junior justice adviser» and on the basis of Article 75 of the Criminal Code («Exemption from serving a sentence with probation») was sentenced to only 3 years «conditionally». And Melnik was left without the rank of «3rd class lawyer», and was also sentenced «conditionally», but for 2 years.
Despite the complaints and appeals to the court of Dmitry Zhitnik, the verdict of the Pechersk District Court of Kyiv of June 11, 2013, the court of first instance, and the appeal (March 17, 2014) were not satisfied.
But later, for unknown reasons, the decision of the Supreme Specialized Court of Ukraine, to consider civil and criminal cases, the above sentence was overturned, and the case was sent for a new investigation to the GPU.
As a result, criminal proceedings №42014000000000697 against Zhitnik (information on which was entered in the Unified Register of Pre-Trial Investigations) were closed due to the failure to establish sufficient evidence to support the accusation.
It was clear that Zhitnik had been helped, although it was unclear for what merit. This became even more obvious after the scandalous prosecutor was actively pushed up the corporate ladder after the criminal case.
Since December 2015, Dmitry Zhitnik has been promoted and became the head of the Obukhov department of the Kyiv-Sviatoshynsky local prosecutor’s office.
And the criminal train is reaching for the prosecutor, because the number of official inspections of Zhitnik is impressive:
1. In 2017, based on the results of the official investigation into the facts of possible violation of current legislation, during the supervision of compliance with the law and the maintenance of public prosecution in criminal proceedings №12014110230000715 (illegal production, manufacture, acquisition, storage, transportation or shipment of drugs, psychotropic substances or their analogues without the purpose of sale) violations were found.
Namely: that the circumstances of the criminal offense were not studied objectively and in full, that they were important for the proceedings and were left without the attention of Zhitnik. And also the deputy of the Kiev-Svyatoshinsky local prosecutor’s office OB Moshkov and the direct head of the prosecutor’s office and Zhitnik’s companion — Yuri Dmitrun.
Material measures were applied to Zhitnik and Dmitrun, and Moshkov was disciplined.
The inspection also initiated the issue of entering in the ERGR information about the forgery of a criminal record in the specified criminal proceedings, and the decision of the Obukhov District Court in this case was illegal and subject to appeal. The conclusions of the official inspection were sent to the GPU Internal Security Department.
2. Conclusion of the official investigation of February 19, 2018, on the facts of improper performance of official duties, chiefs and prosecutors of various departments of the Kyiv-Sviatoshynsky local prosecutor’s office regarding the protection of state interests in the field of land protection (owned by educational institutions and other children’s institutions in the area , on the subject of their illegal alienation), it was found that many prosecutors of these departments did not comply with this rule. In particular: Dmitry Zhitnik, during the study of this issue (protection of the interests of the state) did not prepare draft documents of the prosecutor’s response and did not send requests to local authorities to perform tasks. Which led to the improper execution of the tasks of the regional prosecutor’s office, and the issue of bringing him to disciplinary responsibility was considered in Zhitnik.
3. According to the results of the official investigation in September-December 2019, the facts of obtaining by the employees of the Obukhov department of the Kyiv-Sviatoshynsky local prosecutor’s office and directly by their head Zhitnik the ownership rights to land plots that may have been illegally withdrawn from PJSC Obukhivske were confirmed.
After the inspection, the NAPC sent materials about Dmitry Zhitnik, in connection with a possible violation of Article 172-7 of the Code of Administrative Offenses (Violation of the requirements for the prevention and settlement of conflicts of interest).
A request was also initiated to send information to the Office of the Prosecutor General’s Office about the dismissal of Dmitry Zhitnik from his position for improper performance of official duties.
Earlier, on May 24, 2018, the Obukhov District Council also ruled on the unsatisfactory work of Zhitnik as head of the Obukhov Department of the Kyiv-Sviatoshynskyi local prosecutor’s office and identified him as a person defaming the title of prosecutor.
It is obvious that Zhitnik continues to be covered up, but I want to believe that the whole train of his crimes will still outweigh his connections. It is high time to dismiss the prosecutor from law enforcement agencies and conduct objective investigations against him, with further prosecution.
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