Kyivsky District Court of Kharkiv has announced a break in a hearing of the criminal case against former Ukrainian Premier Yulia Tymoshenko on the illicit activities of the United Energy Systems of Ukraine (UESU) Corporation until 1000 on November 13, 2012.

"The court ruled that it is impossible to consider the case in the absence of Tymoshenko and her defense lawyer. The court announces a break in the hearing until 1000 in November 13," reads the court's ruling approved on Monday by the presiding judge in the trial on the case, Kostiantyn Sadovsky.

In turn, the defense team called for the dismissal of the presiding judge and accused him of "consciously distorting of facts."

The ex-premier's defense lawyer, Serhiy Vlasenko, said that the statement sent by Tymoshenko to the court reads that she has not refused to participate in the court hearing. According to the lawyer, the letter reads that Tymoshenko is unable to move by herself due to sharp pain in her back, due to which she cannot participate in the court hearing.

Vlasenko again petitioned to stop the hearing of the case due to Tymoshenko's illness, as this is foreseen by Article 249 of the Criminal Procedure Code of Ukraine.

However, the judge refused to consider the petition.

Tymoshenko is charged under five episodes in the case – organization of the appropriation of public funds in an especially large amount in 1997-1998 via illicit receiving of value added tax (VAT) (Part 3 of Article 27, Part 5 of Article 191 of the Criminal Code of Ukraine), attempt to appropriate public funds in an especially large amount in 1997-1998 via illicit receiving of VAT (Part 3 of Article 27, Part 2 of Article 15, Part 5 of Article 191 of the Criminal Code), tax evasion by the UESU Corporation (Part 3 of Article 27, Part 3 of Article 212 of the Criminal Code), non-payment of income tax (Part 3 of Article 212 of the Criminal Code), and committing a crime via official forgery (Part 3 of Article 27, Part 2 of Article 366 of the Criminal Code).

A preliminary hearing of the case was held on April 19, 2012 in the absence of Tymoshenko. Since then the court has been putting off hearings due to the fact that Tymoshenko kept refusing to attend the hearings due to her state of health.

On October 14, the State Penitentiary Service of Ukraine said that Tymoshenko for the ninth time refused to attend the UESU case hearing.

On October 11, 2011, Pechersky District Court in Kyiv sentenced Tymoshenko to seven years in prison for abuse of office in signing gas contracts with Russia in 2009. She has served her sentence in Kachanivska Penal Colony in Kharkiv since late December 2011.

On May 9, Tymoshenko was transferred to Central Clinical Hospital No. 5 in Kharkiv for treatment.