Rusakov's case

The Case

A number of media outlets with questionable editorial policies have been actively spreading information about the alleged premeditated murder of a well-known Odessa businessman, founder of KADORR Group, Adnan Kivan, in recent months. The death of a patient who was in the last stage of cancer and undergoing the sixth course of chemotherapy was recorded as neutropenic sepsis, one of the most common and dangerous complications of intensive treatment for aggressive forms of cancer.

Despite the nature of the disease and the clinical complexity of the case, law enforcement agencies initially opened criminal proceedings under the article on intentional murder. Only later were the proceedings reclassified to Part 1 of Article 140 of the Criminal Code of Ukraine - improper performance of professional duties by a medical professional.

Information campaign before the court verdict

Even before the start of the open examination of evidence in the trial of surgeon Vitaliy Rusakov, a large-scale wave of negative publications was launched. In a number of materials, the doctor was actually presented as guilty even before any court decision.

The public space was filled with categorical statements about "premeditated murder", "conspiracy of doctors", "deliberate actions of medical personnel".

However, the court has not yet provided a final legal assessment of these circumstances.

The initial qualification under the article "intentional murder" — against the backdrop of an active media campaign — began to shape a negative public image not only of the doctor himself, but also of the medical institution as a whole, even before the trial was completed.

Why the case caused a stir in the medical community

After the criminal prosecution began, representatives of the Ukrainian medical community — oncologists, surgeons, professional associations, and representatives of private medicine — began to publicly draw attention to another aspect of this case.

According to many doctors, today any doctor could be in Vitaly Rusakov's place if:
— works with seriously ill cancer patients;
— takes responsibility for high-risk clinical cases;
— treats patients with predicted high risks of complications and mortality.

The medical community emphasizes: criminalizing complex medical cases without proven intent can create a climate of fear among doctors and affect their willingness to take on the treatment of the most difficult patients.

Primary qualification as an investigative tool

Of particular interest is the initial qualification of the proceedings under the article on intentional murder.

This qualification opened up the possibility for the investigation to use a much wider range of procedural tools, in particular:
— conducting covert investigative actions;
— interference with private life;
— gaining access to communications between doctors and clinic management;
— use of mechanisms provided for the investigation of particularly serious crimes.

In fact, a typical medical case with a serious cancer patient was transferred to the plane of investigation of a serious criminal offense.

At the initial stage, the investigation's version sounded like an assumption that the doctors and clinic management allegedly intentionally caused the patient's death in order to seize his property in several regions of Ukraine.

Attempts to close the trial

The course of the trial itself also attracts special attention.

During the course of the case, the prosecution and the injured party repeatedly initiated the closure of court hearings from the public and the media.

The legislator believes that such practice directly contradicts:
— the principles of open judicial proceedings;
— the principle of adversarial relations between the parties;
— the right of society to control the administration of justice.

Especially in cases that can set dangerous law enforcement precedents for entire professional communities.

Positions of the parties

The legislator monitors and analyzes the public positions of both sides of the process.

The position of the prosecution is based on materials and comments published by law enforcement agencies and in the media, including recent publications by the UNN news agency.

The position of the defense: public explanations, documents, and video comments published by Vitaliy Rusakov himself on his own information resources.

The legislator continues to monitor the case

The legislator believes that in cases involving the treatment of serious illnesses and possible medical complications, the application of the most severe criminal qualifications without obvious signs of direct intent is disproportionate.

Such a practice can create a dangerous precedent for the entire medical system of Ukraine. The consequences may include: doctors' fear of working with complex patients, avoidance of high-risk surgeries and treatments, and increased pressure on the medical system due to the criminalization of professional decisions.

In the following publications we will analyze in detail:
— why the death of a cancer patient was investigated as a premeditated murder;
— who exactly is conducting these proceedings;
— which prosecutors, experts and judges are involved in the case;
— what procedural decisions have already been made;
— why this case could become a dangerous precedent for the entire medical system of Ukraine.

The legislator will continue to monitor the progress of this case and calls on the public to closely follow the process, disseminate information, and not allow this story to remain out of public view.