“Proceedings against Ivanyushchenko should have been closed due to the expiration of the time limit for his investigation”: lawyers criticized the decision to arrest in absentia 9 years after the suspicion
Lawyers of the former deputy of the Verkhovna Rada, Yuriy Ivanyushchenko, filed an appeal against the decision of the Pechersk District Court of Kyiv about his arrest in absentia. The decision was made 9 years after the announcement of the suspicion, and the lawyer Ivanyushchenko is confident: the decision is illegal, and the criminal proceedings against his client should have been closed a long time ago according to the decision of the Solomensky District Court of the city of Kyiv and the decision of theSupreme Court of Ukraine.
Ivanyushchenko's lawyer Igor Kucherov told OBOZREVATEL about this. According to him, the criminal proceedings were repeatedly transferred to various bodies of the pre-trial investigation (investigation of the General Prosecutor's Office, NABU, HGB, BEB). But in 9 years, the indictment was never drawn up. In numerous publications, the lawyer adds, even at the beginning of the case there were accusations that “Ivanyushchenko stole billions”, but now, the lawyer says, they baselessly claim that he “stole millions”.
After the case was brought to the Bureau of Investigation in Kyiv and the region, the detective decided to place Ivanyushchenko on the wanted list and apply for his detention. p>"The investigative judge of the Pechersk District Court of Kyiv fell under the influence of the prosecutor's office. So without any evidence, the court's decision states circumstances that are not confirmed by any evidence, that is gossip", – says Igor Kucherov.
In the decision, the judge of the Pechersk District Court, according to Ivanyushchenko's defense, took into account information that did not have any confirmation. For example, the ownership structure of LLC “Karpatibudinvest” does not contain data on Ivanyushchenko's involvement in this legal entity.
"Sledstvennyj judge refers to rumors set forth by the OO “Center for Anti-Corruption” more than 9 years ago. Moreover, the defense provided the authorities of the pre-trial investigation with extracts from the registers of legal entities of both Ukraine and foreign states. The content of such extracts conclusively confirmed the absence of Ivanyushchenko among the shareholders, participants and beneficial owners of legal entities appearing in criminal proceedings, ", – the lawyer explains. In addition, the ruling states that Yury Ivanyushchenko is hiding in the temporarily occupied territory of Ukraine, but the lawyers say that this is not true.
The appeal will be held on September 4. Ivanyushchenko's lawyers argue that the reasons for a measure of suppression, no. The question is interrelated between LLC "Karpatibudinvest" and SE “Derzhekoinvest” was the subject of a dispute in the case of the Economic Court of the city of Kyiv No. 910/24456/13. The point in the case was set by the Supreme Economic Court of Ukraine by a resolution dated 04/12/2016, which confirms the implementation of LLC “Karpatibudinvest” work on the insulation of 38 social facilities in the Luhansk region and the existing debt of the state-owned enterprise in the amount of UAH 24.6 million under contract No. 2339/06 dated February 26, 2013. it has already been closed twice, namely by the decisions of the investigator of the Odessa Oblast Prosecutor's Office dated 04.18.2019 and 08.22.2019.
The materials include:
- conclusion of the Kyiv Scientific Research Institute of Forensic Expertise.Specialists confirmed the completeness and reality of the works on the insulation of 38 social objects in the Luhansk region. At the same time, the examination report contains not only studies and calculations, but also photo tables in which the amount of work performed is recorded, and as a result is a refutation of the accused.
- acts of inspections of the state tax inspection, ;establishing the legality of the actions of LLC “Karpatibudinvest”.
- witness testimony, confirming the unfoundedness of Ivanyushchenko's suspicions.
“I would like to emphasize that the decision of the investigating judge of the Solomensky district court of the city of Kyiv dated January 27, 2016 in case No. 757/49263/15-k satisfied the complaint of lawyer Yury Kolesnikov regarding the inaction of the Deputy Prosecutor General of Ukraine. As part of the judicial control of the authorized prosecutor in criminal proceedings No. 42015000000000207 dated February 21, 2015, he was ordered to perform the actions specified in Clause 1, Part 2 of Art. 283, p. 2 part 1, part 4 of Art. 284 of the Code of Criminal Procedure of Ukraine and to close the criminal proceedings. By the resolution of theSupreme Court Ukraine dated February 16, 2017, this decision was left unchanged", – says the lawyer.
The lawyer also reminded that back in 2019, Ivanyushchenko was excluded from the international wanted list by the Interpol File Control Commission. And also the general court of the Council of Europe canceled the sanctions of the Council of Europe against Ivanyushchenko. Argument: lack of justification in the suspicion in criminal proceedings No. 42015000000000207 dated 21.02.2015.
"All European countries, including Switzerland, have closed criminal cases against Yury Ivanyushchenko and stopped any prosecution in the form of sanctions initiated by the General Prosecutor's Office of Ukraine", – the lawyer adds.
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Natasha
Natasha Kumar has been a reporter on the news desk since 2018. Before that she wrote about young adolescence and family dynamics for Styles and was the legal affairs correspondent for the Metro desk. Before joining The Times Hub, Natasha Kumar worked as a staff writer at the Village Voice and a freelancer for Newsday, The Wall Street Journal, GQ and Mirabella. To get in touch, contact me through my natasha@thetimeshub.in 1-800-268-7116
