“The door that did not open”: Appeals court overturns security guard’s conviction in Kyiv shelter death case
2 September 2025 17:03
In Kyiv, an appellate court has overturned the sentence of Vadym Moshkin, a former polyclinic security guard who was previously sentenced to four years in prison for the tragedy that occurred on the night of June 1, 2023. Then three people, including a 9-year-old girl, were killed near a closed shelter during a rocket attack on the capital, reports "Komersant Ukrainian"
What happened that night
During the air raid, residents of the Desnianskyi district tried to get to a shelter in the basement of a local clinic. According to eyewitnesses, the guard did not open the door. A few minutes later, an explosion occurred nearby, killing three people and injuring several others.
The court of first instance found Moshkin guilty under Part 3 of Article 135 of the Criminal Code – leaving people in danger, which led to death – and sentenced him to four years in prison.
Defense arguments
At the appeal hearing, Moshkin stated that
- did not hear the knocking on the door because the room did not have a loudspeaker;
- he was monitoring the alarms on his own phone;
- when he heard the knock and went to open the door, it was then that the explosion occurred, as a result of which he was injured.
He also noted that at the time of the tragedy, there was no official order obliging the guards to open the shelters. According to him, their function was only to preserve the property, and the doors were closed at night.
The decision of the court of appeal
The court of appeal recognized that
- the investigation did not verify the defense’s version of Moshkin’s ability to react in time;
- no investigative experiment was conducted with his participation;
- the evidence was not properly examined.
In this regard, the verdict was found to be unfounded, and the case was sent for a new trial to the court of first instance.
Other defendants in the case
In addition to Moshkin, there are four other officials accused of negligence in the case:
- Andriy Tkachuk, Director of the Municipal Security Department of the Kyiv City State Administration;
- Iryna Alekseenko, First Deputy Head of Desnianskyi District State Administration;
- Oleh Shuhalevych, Director of the Primary Health Care Center #3;
- Vasyl Desyk – Deputy Director of the Center.
All of them deny their guilt.
Why it matters
The tragedy at the closed shelter was a painful reminder of the systemic problems with access to shelters in wartime. The decision of the Court of Appeal emphasizes the need for a thorough and impartial investigation, as well as the importance of establishing real responsibility – not only for the perpetrators, but also for officials who shape security policy.
