Over 80% of Hearings Disrupted: What Is Happening in the High-Profile Case of Businessman Kivan's Death at Odrex Clinic

In October 2026, the Kyiv District Court of Odesa held only three out of sixteen scheduled court hearings in the criminal proceedings against two doctors of the Odrex clinic — surgeon Vitaliy Rusakov and oncologist Maryna Bilotserkovska. The remaining thirteen hearings were adjourned at the defense's request. Thus, over 80% of the hearings scheduled for the month failed to take place. The case concerns the circumstances of the death of Odesa businessman and KADORR Group founder Adnan Kivan, who passed away in October 2024 within the walls of the Odrex clinic.

Charges and Investigation Version

According to the investigation, following the surgery, the medics allegedly failed to prescribe the necessary antibacterial therapy to the patient and did not respond to postoperative complications. Based on the forensic medical examination, this could have led to the development of sepsis and, consequently, the businessman's death. Both defendants plead not guilty. The court must give the final assessment of their actions. The criminal proceedings are conducted under Part 1 of Article 140 of the Criminal Code of Ukraine — improper performance of professional duties.

Hearing Schedule and the Risk of Statute of Limitations Expiration

The dense schedule of court hearings has a well-justified explanation: the court is obliged to ensure the case is reviewed within a reasonable timeframe. Already in the autumn of 2027, three years will have passed since the day of Adnan Kivan's death, which means the issue of the statute of limitations for bringing the doctors to criminal responsibility will arise. At the same time, the consideration of the case may not end with a court of first instance decision, as either party has the right to appeal the verdict. The limitation periods are calculated until the verdict enters into legal force, so further delays create the risk that the trial will never conclude with a final decision on the merits of the charge.

Adjournment Statistics: An Alarming Trend

Signs of potential case stalling became noticeable back in September 2026. At that time, out of thirteen planned court hearings, only six took place in full, while seven were adjourned. In October, the situation worsened: out of sixteen appointed hearings, only three took place — on October 1, 8, and 29. Over two months, out of twenty-nine scheduled hearings, only nine took place, while twenty were adjourned. The statistics indicate a growing trend: every month, the defense presents more and more motions for adjournment. At this pace, the prospect of completing the criminal proceedings before the statute of limitations expires becomes increasingly uncertain.

Defense Position and Court Reaction

The "intensity" of the trial evidently does not suit one of the defendants, surgeon Vitaliy Rusakov. He has repeatedly criticized the hearing schedule on his social media, calling it excessive, and stated that his criminal case should be considered no more than once a month. The presiding judge in the case, Viktor Chaplytsky, has repeatedly drawn attention to the behavior of the accused doctors' lawyers. In September, he recognized the reasons for the failure of Rusakov's defense attorneys to appear as disrespectful and sent a corresponding decision to the Qualification and Disciplinary Commission of the Bar. On October 29, the judge warned the lawyers that he would react to further motions to postpone the hearings. However, the very next day, on October 30, Rusakov's defense counsel filed another motion for postponement: one of them cited employment in another court trial, while the other cited family circumstances.

Disciplinary Liability of Lawyers and Prospects

A representative of the Higher Qualification and Disciplinary Commission of the Bar, Andriy Luna, previously explained that systematic non-appearances of lawyers without valid reasons could become grounds for disciplinary liability. At the same time, engagement in another court trial, according to him, is not an absolute justification for a defender's absence. Whether the actions of Rusakov's lawyers will have procedural or disciplinary consequences remains unknown. The next hearing in the case is scheduled for November 5, 2026.