In August 2019, the People's Deputy, leader of the political party "Opposition Platform-For Life" Viktor Medvedchuk filed a civil lawsuit against the Limited Liability Company "Vivat Publishing House" and historian, journalist Vakhtang Kipiani regarding the protection of dignity, honor, and inviolability of business reputation. Vakhtang Kipiani reported this on August 29, 2019.
This lawsuit was caused by the fact that Medvedchuk, who defended the poet Vasyl Stus during the 1980 trial, saw allegedly false information about himself in Kipiani's book "The Case of Vasyl Stus", published by the "Vivat" Publishing House LLC.
Medvedchuk demanded that Vakhtang Kipiani be banned from publishing and distributing copies of the book "The Case of Vasyl Stus" in any form and in any territory, as well as from publishing information related to this book in the press, on radio, television or using other media, distributing it on the Internet or other means of communication.
Medvedchuk's claims concerned the following episodes from the book:
“…crucified the poet (Vasyl Stus — ed.) — state-appointed lawyer Medvedchuk”;
“… Vitya, who was raised in the family of a political exile…they say he was a shooter”;
"... did Stus have the opportunity to choose the "lesser evil". However, it is a fact that the lawyer provided, supported by state security, was named Viktor Medvedchuk";
"Lawyers openly "served their numbers," not forgetting, however, to extort fees from the grief-stricken families...";
“…the six of the communist system Medvedchuk…”;
"... the son of a policeman...";
“…Medvedchuk admitted in court that all the “crimes” allegedly committed by his client “deserve punishment””;
"... he (Viktor Medvedchuk - ed.) actually supported the charges. Why do we need prosecutors when there are such impeccable lawyers?...";
"Lawyer Medvedchuk also committed a crime against the poet by not informing the family about the beginning of the case... Was he afraid of the KGB or was he simply always a cynic and an immoral type?"
______________________
The first hearing in the case took place on October 2, 2019.
The final hearing in the Darnytskyi District Court was held on October 16, 2020.
On October 19, 2020, the judge of the Darnytskyi District Court, who was handling this case, Marina Oleksandrivna Zastavenko, published the following decision:
The claims of Viktor Volodymyrovych Medvedchuk against Vakhtang Teimurazovich Kipiani, Limited Liability Company "Vivat Publishing House" - are partially satisfied.
To recognize as unreliable and violating the personal non-property rights of Medvedchuk Viktor Volodymyrovych to respect for dignity, honor, and inviolability of business reputation the information disseminated in the book “The Case of Vasyl Stus” in the section “Did Lawyer Medvedchuk Kill the Poet Stus?” of the following content: Phrase No. 3 (book page 661): “… did Stus have the opportunity to choose the lesser evil”. However, it is a fact that the lawyer provided, supported by state security, was named Viktor Medvedchuk”. Phrase No. 7 (book page 664): “… Medvedchuk admitted in court that all the “crimes” allegedly committed by his client “deserve punishment”. Phrase No. 8 (book page 664): “… he actually supported the charges. Why do we need prosecutors when there are such impeccable lawyers?..”.
To recognize as violating the personal non-property right to use the name of Medvedchuk Viktor Volodymyrovych without his consent the information disseminated in the book “The Case of Vasyl Stus”, namely: in the sections entitled “Criminal Case No. 5 – the book of life and death of Vasyl Stus” and the section “Did lawyer Medvedchuk kill the poet Stus?” and makes it possible to identify Medvedchuk Viktor Volodymyrovych as a character (actor) of the work of the following content: Phrase No. 1 (sheet of the book 7): “… crucified the poet, – the state-appointed lawyer Medvedchuk”, Phrase No. 5 (sheet of the book 663): “… the six of the communist system Medvedchuk…”. Phrase No. 9 (sheet of the book 664): “The crime against the poet, lawyer Medvedchuk, also committed by not informing the family about the beginning of the case… Was he afraid of the KGB or was he simply always a cynic and an immoral type?”.
To oblige Kipiani Vakhtang Teimurazovich, Limited Liability Company "Vivat Publishing House" to remove information about the identity of Medvedchuk Viktor Volodymyrovych from the book "The Case of Vasyl Stus", namely: from the sections entitled "Criminal Case No. 5 - the book of the life and death of Vasyl Stus" and "Did Lawyer Medvedchuk Kill the Poet Stus?"
To prohibit Vakhtang Teimurazovych Kipiani, the Limited Liability Company "Vivat Publishing House" from distributing the printed edition of the book "The Case of Vasyl Stus" and its further reproduction until the violated personal non-property right of Viktor Volodymyrovych Medvedchuk is eliminated.
To prohibit Vakhtang Teimurazovych Kipiani, Limited Liability Company "Vivat Publishing House" when disseminating information related to the book entitled "The Case of Vasyl Stus" in the press, on radio, television, on the Internet and in other mass media from using the information contained in the sections entitled "Criminal Case No. 5 - the book of the life and death of Vasyl Stus" and "Did lawyer Medvedchuk kill the poet Stus?" and makes it possible to identify Viktor Volodymyrovych Medvedchuk as a character (actor) of the work without his consent.
The remainder of the claim of Viktor Volodymyrovych Medvedchuk against Vakhtang Teimurazovich Kipiani, Limited Liability Company "Vivat Publishing House" is to be dismissed.
______________________________________________
According to the defendants' lawyers, the judge went beyond the scope of the claim. In fact, according to the court's decision, Medvedchuk received even more than he wanted.
In addition, this is almost the first precedent in Ukraine when a court actually banned the distribution of a book for an obvious political motive.
In this regard, the publishing house and the author filed an appeal with the Kyiv Court of Appeal.
First meeting was supposed to take place on January 21 at 2:00 PM (2a Solomyanska St.). But as part of this meeting, it was only decided to postpone the trial to February 19 at 10:00.
