Press Release from Barristers, JSC, Regarding the Appeal Against the Investigating Judge’s Rulings in Criminal Proceedings Under Part 3 of Article 369-2 of the Criminal Code of Ukraine
Everyone has the right to professional legal assistance, and the bar association operates in Ukraine to provide such assistance (Articles 59 and 131-2 of the Constitution of Ukraine). In accordance with the oath of a Ukrainian attorney, an attorney is obligated to honestly and conscientiously ensure the right to defense and provide legal assistance in accordance with the Constitution of Ukraine and the laws of Ukraine. The existence of fair justice (impartial, adversarial, and in accordance with the rule of law) helps prevent judicial errors.
On August 29, 2018, the Odesa Regional Court of Appeal held hearings in criminal proceeding No. 42018160000000618 dated July 16, 2018, in which the pretrial investigation is being conducted by the Investigative Department of the Main Directorate of the National Police in the Odesa Region, and the proceedings are being supervised by M.D. Meret, a prosecutor with the Odesa Regional Prosecutor’s Office.
The defense attorneys, partners at the “Barristers” Law Firm, Y.V. Zhovtan and D.V. Ponomarenko, acting in accordance with the procedure provided for by the Criminal Procedure Code of Ukraine, filed appeals with the appellate court against the ruling of the investigating judge of the Primorsky District Court of Odesa dated July 20, 2018, regarding the imposition of a preventive measure against our client and against the ruling of the same investigating judge on the seizure of property dated July 24, 2018.
The defense attorneys are requesting that the investigator’s rulings be overturned, in particular because, with regard to our client,
– there was a provocation to commit bribery (the actions of the prosecution contain elements of a crime under Part 3 of Article 370 of the Criminal Code of Ukraine);
– the suspicion is unfounded (classification under Article 392-2 of the Criminal Code of Ukraine is currently impossible, because the Law of Ukraine “On the Principles of Preventing and Combating Corruption,” which affects the determination of the objective elements of the aforementioned crime, ceased to be in force as of September 1, 2016);
– the suspicion is unfounded also because the motion to apply a preventive measure in the form of pretrial detention or the contested ruling lacks references to evidence substantiating the suspicion or the risks under which a preventive measure may be applied, or the grounds for the seizure of property;
– our client has lost his status as a suspect, and therefore no preventive measures may be applied to him;
– there are other obvious and substantial violations of criminal procedural law.
On August 29, 2018, the defense attorneys filed a motion to recuse the panel of judges of the Odesa Regional Court of Appeals on the grounds that this panel had previously considered the same issues, but in a different proceeding, which could affect the judges’ objectivity (impartiality) during the new hearing.
The defense attorneys draw the attention of the prosecution and the media covering this criminal proceeding to the need to observe the principle of the presumption of innocence. In accordance with Article 68 of the Constitution, everyone is obligated to strictly observe the Constitution of Ukraine and the laws of Ukraine, and not to infringe upon the rights and freedoms, honor, and dignity of other people.
