The criminal trial concerning medical negligence by doctors at the private clinic Odrex in Odesa has faced significant delays, casting doubt on the efficiency of the justice system. The Kyivskyi District Court of Odesa is considering charges against surgeon Vitalii Rusakov and oncologist Maryna Bilotserkovska regarding professional misconduct that led to the death of patient Adnan Kivan in October 2024. Amidst the systematic postponements of hearings, the public and process participants are expressing concern that dragging out the case could lead to the expiration of the statute of limitations for bringing the defendants to justice.
Chronology of trial disruptions
The situation regarding the case review has become critical over the past two months. According to the court calendar, 7 out of 13 scheduled hearings in September did not take place. In October, the schedule became even more intense with 16 hearings planned; however, the series of delays continued. Some hearings at the beginning of the month were postponed due to defense requests, and since October 14, the process has effectively stalled due to the medical leave of one of the defendants, Vitalii Rusakov.
Procedural options for remote justice
Ukraine's criminal procedural legislation contains mechanisms allowing for hearings to be held via video conference if the defendant cannot physically attend the courtroom due to health reasons. Previously, courts have repeatedly used remote participation for other figures and side representatives in this case. Applying a similar approach to the defendant Rusakov could ensure the continuity of the judicial process and adherence to the principle of reasonable trial duration.
Significance of the case for the justice system
The Adnan Kivan death case has become a high-profile test for the Ukrainian judicial system, demonstrating the process's vulnerability to procedural delays. A successful and transparent conclusion to the trial requires not only an assessment of the doctors' actions but also the maintenance of stable court operations. Further adjournment of hearings increases the risk that defendants may be cleared of criminal responsibility without a substantive verdict, which is causing serious discontent and questions regarding the effectiveness of current proceedings.
Future perspectives of the case
The next hearing is expected to take place on October 27, 2026. The further course of the process will depend on the court's willingness to make decisive procedural rulings and the parties' ability to ensure attendance or remote presence at hearings. Public interest in this case remains high, as the issue of medical accountability requires a clear legal verdict that eliminates ambiguity.
