On October 28, 2024, Adnan Kivan, founder of KADORR Group and publisher of Kyiv Post, died at the Odrex private clinic in Odesa. He was one of Ukraine's hundred wealthiest individuals according to Forbes, with assets valued at approximately $240 million. He was 62 years old. According to forensic medical examination findings, the patient developed sepsis following surgery, and the investigation established a connection between the medical staff's actions and his death.
Two doctors were charged: surgeon Vitaliy Rusakov and oncologist Marina Belotserkivska. Both are accused under Part 1, Article 140 of the Criminal Code of Ukraine — failure to properly perform professional duties. Both are under home arrest at night until May 2026. Rusakov was also suspended from his position.
Restarting from Zero
After the case was transferred from the Prymorskyy District Court to the Kyiv District Court of Odesa, proceedings essentially returned to the beginning. At the first preparatory hearing, the defense lawyers did not appear in court, filing a motion for postponement. The next hearing is scheduled for June 11.
"Doctors may avoid criminal liability not through refuting evidence or proving innocence, but through the expiration of statute of limitations"
Court and Legal Gazette
This is where the key procedural risk lies. Under Part 1, Article 140 of the Criminal Code, a three-year statute of limitations applies. If the court fails to deliver a verdict before this period expires, proceedings are closed regardless of the evidence collected. The crime is dated October 2024 — so the clock is already running.
What Makes This Tactic Effective
The change of jurisdiction reset the court proceedings counter to zero: the court was forced to restart the preparatory stage. Each motion for postponement, each non-appearance — amounts to weeks, sometimes months. According to experts who commented on the case for UNN, such procedural steps are "one of the classic mechanisms for delay" in cases where the time factor is critical for the defendants.
- Attempt to challenge the prosecutor on January 28 — court refused
- Change of jurisdiction — the case returned to the preparatory stage
- Lawyers' non-appearance at the first hearing in the new court — postponement to June
Each of these steps individually is lawful. Together, they create a pause that could prove decisive.
It is noteworthy that in parallel with the criminal process, the Prosecutor General's Office pursued revocation of Odrex's license, while the Ministry of Health issued an order for the clinic's inspection. The medical facility's legal team, in turn, publicly speaks of "pressure on business."
If the court fails to deliver a verdict by October 2027, the question of the doctors' guilt will become legally irrelevant. Whether the Kyiv District Court of Odesa, which became the leader among Ukrainian courts in workload in 2025, will manage to conduct a full trial within this timeframe will depend partly on whether the court responds to systematic non-appearances as abuse of procedural rights.
