The APU found guilty in the closure cases against Ivanyushchenko
In the Supreme court of Ukraine responded to a statement by Prosecutor General Yury Lutsenko regarding the closure of all cases against the businessman and the colleague Yanukovych of Yury Ivanyushchenko , and stressed that this information is not true.
About it reports a press-service VSU.
“The current legislation of Ukraine provides for the judicial review of decisions of the Supreme Court of Ukraine solely on the grounds and in the manner prescribed by the Criminal procedural code of Ukraine, including the grounds of unequal application by the court of cassation of the same provisions of law specified in this Code, which led to the adoption of the different content of judicial decisions”, – said in court, adding that the Deputy public Prosecutor filed an application for reconsideration of decisions concerning Ivanyushchenko with this base.
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During consideration of the application it was established that the court of first instance upheld the complaint of the defender in the interests of the suspect to the inaction of the Deputy attorney General and took decision on closing of criminal proceedings. It appealed to the court of appeal. The judge, in turn, rejected the appeal citing the decision that the ruling of the investigating judge “shall not be subject to appeal in the appeal”.
The Prosecutor appealed to the Supreme special court, but it upheld the decision of first instance and appeal, and the appeal of the public Prosecutor – without satisfaction.
After that the Deputy Lutsenko appealed to the Supreme court for reconsideration in connection with the unequal application of the same norms of law, adding for comparison, two copies of the judgments of the court of cassation, which in his opinion the same rules applied differently.
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A panel of judges from the Trial chamber came to the conclusion about the absence of grounds for revising contested court decision by the Supreme Court of Ukraine because of unfounded, because compare and appealed by the Deputy Prosecutor General of Ukraine decision is not contain various legal opinions.
In turn, APU noted that the judge set the inaction of the bodies of preliminary investigation and Prosecutor.
“From the case materials provided by the bodies of preliminary investigation, sledstvii the judge set the inactivity of the bodies of preliminary investigation and Prosecutor for a long time regarding investigation and making of procedural documents, recognizing that it is a violation of the rights of the suspect, which is limited in movement relative to movable and immovable property of which the decision on imposition of arrest”, – stated in the message.
So, the APU note that the court did not revise the decision concerning Ivanyushchenko.
“Thus, the Supreme Court of Ukraine decisions concerning Ivanyushchenko Yu. V. in fact, not revised and, consequently, made no decision about closing of criminal proceedings against him, and therefore common on this issue, the information is untrue”, – stated in the message.
We will remind, the Prosecutor General’s office seized the accounts and a fleet of ex – regions Ivanyushchenko. Also was the arrest of the Ukrainian account of the former MP. He was suspected of illicit enrichment. The GPU noted that don’t have questions to businessman Ivanyushchenko about the crimes on the Maidan of Independence in the winter of 2014.
February 28, 2017 Prosecutor General Yury Lutsenko wrote that the Supreme court of Ukraine has closed all cases against the businessman and the colleague Yanukovych of Yury Ivanyushchenko known as “Yura enakiyevsky”.
“I have a lot of emotion, and less arguments against this decision. But the only way is to change the composition of the APU,” – said Lutsenko. His message he illustrated the image of the painting “the Flaying of skin from corrupt judges” by Dutch painter Gerard David.