Tactical victory in the case of Boryspil Airport: the appeal ordered a comprehensive examination

On August 29, a panel of judges of the Appeals Chamber of the High Anti-Corruption Court granted a 140-page motion filed by lawyers and ordered a comprehensive construction and economic expertise in the case of Boryspil International Airport.

This is a case in which the former director of Boryspil International Airport, Yevhen Dykhne, and the head of the lease relations service, Olesia Levochko, are accused of allegedly illegally leasing premises at an allegedly reduced cost. In fact, there was no ban on temporary lease, the rental rates were higher than those applied by the regional office of the State Property Fund, the budget and only the budget received funds steadily, passenger traffic was growing, and the airport was developing.

Why is the decision of the Court of Appeal unique and what does it mean?

Throughout the history of the Appeals Chamber of the High Anti-Corruption Court, judges have granted such defense motions only twice.

The court will now transfer all the case files without exception to an expert institution for an independent comprehensive study to establish the market rent and whether there are indeed damages in the form of lost profits.

For us, this is more than a procedural victory. This ruling is a signal that:

• The appeal does not trust the verdict and the “math” of the first instance. The court directly sees the actual lack of expertise and does not believe that mistakes can be “twisted” with a calculator in a conference room. A complete new investigation is needed, not cosmetics.
• The appellate court is ready to review the case from scratch, not to adjust it to the verdict. The court cites in detail the rules on the valuation methodology and actually says: we need a standardized methodology and complete source data, otherwise we do not believe the calculations.
• The appeal demonstrates publicly that we are not “confirming” someone’s version, we are looking for the truth and a fair final decision.

Result:

Justice should be based on real evidence, not fabrications and assumptions. This is not the end, but it is a significant step towards justice. We will continue to defend the right of Yevhenii Dykhne and Olesia Levochko to an impartial and fair trial.
Miller’s team working on the case includes partner and head of White-Collar Crime, Compliance and Investigations Artem-Abraham Krykun-Trush, attorney Yevgen Skurativsky, associates Vladyslav Mykhailichenko and Sofia Chechel.