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Сourt dismissed claim of Skhemy’s driver against Portnov

07.09.2020, 13:23
Photo credit: Radio Liberty
Photo credit: Radio Liberty

On August 31, the judge of Kyiv's Pechersk District Court Svitlana Volkova has dismissed the privacy claim filed by Skhemy’s driver Borys Mazur. Thus, his request to oblige former Deputy Chief of Staff Andriy Portnov to revoke his personal data from the public domain has been rejected,as Radio Liberty reported

The court also ruled to recover 52,500 hryvnias (around $1 892) of lawyers’ fees of Portnov from Borys Mazur.

Judge Volkova issued this decision within the written proceedings (the parties lo litigation were not invited to that hearing).

An appeal will be filed against the court's decision, as Oksana Maksymenyuk, Borys Mazur's lawyer and head of the Regional Press Development Institute’s (RPDI) legal department, said.

“Our arguments are not mentioned at all by the court decision. Moreover, the Pechersk court did not specify how the dissemination of personal data of drivers of the program allowed to protect Portnov's right to privacy. In addition, we applied for a general hearing - that is, for the trial to be held in public - but the judge did not grant it "due to the insignificance of the case" and conducted the hearing without summoning the parties, in writing. I note that we have another case in the same court, a lawsuit against Portnov, with the same request to remove personal information disclosed by the ex-official about the second driver of the program, and in it another judge has already ordered an open hearing with the parties invited to the hearing. That is, we see ambiguity in the approach of different judges, " as Oksana Maksymenyuk said.

The media lawyer, executive director of the Regional Press Development Institute for Lyudmila Pankratova analyzed the decision of the Pechersk court to dismiss the claim.

“We can see from the decision that the Pechersk court simply did not want to understand what exactly violation occured. This has always been a general idea that Portnov has his influence over the courts. And this decision, I guess, is evidence that this influence still exist, - Lyudmila Pankratova who provides legal protection for the program "Skhemy"said,. - Despite the fact that the court decision has not yet entered into force, it also has an impact, giving Portnov the opportunity to continue such unworthy behavior - to make mockery, to threaten. Like, look how quickly I won the lawsuit, Portnov says. Look, now I will "teach lessons" everyone. The only way to counteract this is to appeal the decision. ”

As Radio Liberty reminded, Svitlana Volkova, judge of the Pechersk court in Kyiv, who ruled in the case of disclosure of personal information, had previously been twice suspended by the Verkhovna Rada from justice for violating the oath. She had been subjected to an investigation on suspicion of issuing an unjust decision, as she set free the guard of the ex-commander of "Berkut"(anti-riot police) Dmytro Sadovnik, who fledafterwards. Later, the Shevchenkivskyi District Court of Kyiv acquitted Svitlana Volkova. The judge also ruled on Portnov's "continuous residence" in Ukraine ithe space of past five years, although he had lived in Austria since the escape of former President Viktor Yanukovych. The court then accepted the argument that Portnov was on a business trip abroad.

As IMI reported, Two Radio Liberty employees Serhiy Ishchenko and Borys Mazur have filed civil claims with the Pechersk district court of Kyiv against the deputy head of the Presidential Administration Andriy Portnov., as Detektor Media reported, citing the Judiciary website.

The claims were filed on April 13 and 14 in order to defend one’s right to privacy, to obligation the defender to remove personal data and to oblige him to repair moral damage.

There is no information about the date of the court hearings as for now.

On October 31, the former MP and Deputy Head of the Presidential Administration of Viktor Yanukovych Andriy Portnov in his Telegram channel disclosed the personal data of a member of the TV crew of “Schemes: corruption in details" program, as the editorial board is preparing an investigation into the influence and relations of the former official with the new Ukrainian authorities.

Then, he disclosed data of number plates of three other cars related to “Schemes” journalists.

The "Schemes" editorial board regards it is direct pressure.

On November 4, the media movement “Media for conscious choice” and other media figures call on the authorities and the law enforcement agencies to hold the former official Andriy Portnov to account for having threatened journalists with “Scheme” investigative program and ask to ensure security for journalists.

 

On November 2, 2019, Andriy Portnov threatened the entire editorial board of the Schema investigative journalism program with the publication of "their detailed personal and personal information," as well as "analysis of private life and unobtrusive support in the dark," and published three license plates . in his words, related to journalists.

On November 4, 2019, the Media for Conscious Choice Movement and other media representatives called on the authorities and law enforcement agencies to bring Andriy Portnov to justice and asked to guarantee the safety of journalists.

On November 7, the police have launched criminal proceedings due to threats to the journalists with Radio Liberty, as it is reported on the website of the National Police.

The aforementioned information is qualified obstruction to lawful activity of journalists and threat or violence against a journalist.

As IMI reported, on October 31, the former MP and Deputy Head of the Presidential Administration of Viktor Yanukovych Andriy Portnov in his Telegram channel disclosed the personal data of a member of the TV crew of “Schemes: corruption in details" program, as the editorial board is preparing an investigation into the influence and relations of the former official with the new Ukrainian authorities.

Then, he disclosed data of number plates of three other cars related to “Schemes” journalists. The "Schemes" editorial board regards it is direct pressure.

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