On October 27, 2024, Adnan Kivan, a 62-year-old developer and founder of KADORR Group corporation as well as owner of Kyiv Post, died at the Odrex clinic in Odesa. A year later, in October 2025, investigators served notices of suspicion to two doctors: head of surgical department No. 2 Vitaly Rusakov and clinical oncologist Marina Belotserkivska. They are accused under part 1 of article 140 of the Criminal Code of Ukraine — improper performance of professional duties by a healthcare worker.
According to the prosecution's version, after surgery Kivan was not prescribed the necessary antibiotic therapy and complications were not addressed. Based on the findings of a commission forensic medical examination by the Prosecutor General's Office, these oversights caused sepsis, which, against the backdrop of an oncological process, led to the patient's death. Both doctors remain under nighttime house arrest. Rusakov has also been suspended from her position. The defense side and Odrex administration reject all accusations.
The Moment Chosen for the Motion
On May 5, 2026, the Prymorksky District Court of Odesa was finally supposed to move to the key stage: questioning an independent expert oncologist who was to assess whether the doctors' actions complied with medical protocols. Instead, Rusakov's attorney Nikolai Orekhovskyi filed a motion to transfer the case to another court. The grounds: the victim's representative Daniil Granin worked at the Prymorksky District Court of Odesa from 2016 to 2020.
Granin himself denied any connection with the current court composition: judge Larisa Pereverzeva began working at the Prymorksky Court only after his dismissal. The victims' attorney Alexander Dimoglov called the motion procedural delay:
«No evidence was provided of direct interconnection between attorney Granin's work and judge Pereverzeva. I believe no substantiated grounds were provided for transferring the case to another court. I regard both the conduct itself and this motion as an attempt to delay the court proceedings».
— victims' attorney Alexander Dimoglov, court hearing May 5, 2026
Despite objections, the court granted the motion and referred the filing to the Odesa Court of Appeal. The appellate court transferred the case to the Kyiv District Court of Odesa. Proceedings essentially restarted.
Where the Risk Arithmetic Lies
Part 1 of article 140 of the Criminal Code belongs to crimes of minor gravity. For such crimes, article 49 of the Criminal Code establishes a three-year statute of limitations. The countdown began from the date of Kivan's death — October 27, 2024. This means the court must issue a final judgment by the end of October 2027. If this does not happen — proceedings can be closed regardless of the content of the medical findings.
The procedural logic here is simple: each change of court means a new preparatory stage, new familiarization with materials, new organizational hearings. It is precisely in this mechanism — rather than in rejection of evidence — that the risk for the prosecution lies. As legal experts note, in cases with short statutes of limitations, "the time factor becomes no less important than the evidence itself."
It is worth noting: the initiative to change jurisdiction emerged precisely when the process drew close to the medical evidentiary base. This chronological coincidence is something the legal community is inclined to interpret as a classic procedural delay tactic.
Parallel Pressure on the Clinic
While the court moves between buildings, the Prosecutor General's Office has appealed to the Health Ministry demanding an inspection of Odrex and the clinic's license revocation if violations are found. Investigators received a clinical expert evaluation of the quality of medical care provided from the Department of Health of the Odesa Regional State Administration. The clinic, in turn, has appealed the arrest of corporate rights.
- Accused: surgeon Rusakov and oncologist Belotserkivska (dismissed from Odrex)
- Preventive measure: nighttime house arrest until May 22, 2026
- Current court: Kyiv District Court of Odesa
- Statute of limitations expires: October 2027
- Status of medical expertise: not yet heard
Adnan Kivan's family — his wife and son — remain the injured parties in the proceedings. For them, the risk is obvious: if time runs out, the court will never answer whether the doctors' actions caused the death.
The Kyiv District Court of Odesa will be able to issue a verdict by October 2027 only if the new trial begins without delay and the court actively opposes procedural abuse — this is what experts are saying. The question is different: whether the court has the tools and, most importantly, the will to not allow procedural maneuvers to replace substantive judgment.
