Thanks to the proactive efforts of Denis Ponomarenko, a partner at Barristers, LLC, two criminal cases were dismissed.

The criminal case, details of which were entered into the Unified Register of Pre-trial Investigations in 2011 on the grounds of Article 15, Part 3, and Article 359, Parts 1 and 2, of the Criminal Code of Ukraine, has been closed.

Since 2011, in this criminal proceeding concerning the client:

– a preventive measure was imposed

– a travel ban was imposed;

– the Malynovsky District Court of Odessa issued a guilty verdict;

– the Odesa Regional Court of Appeals, upon appeal by the defense, issued a ruling overturning the verdict of the Malynovskyi District Court of Odesa and dismissing the criminal case;

– The High Specialized Court of Ukraine for Civil and Criminal Cases issued a ruling overturning the ruling of the Odesa Regional Court of Appeal and remanding the case for a new appeal hearing;

– Upon an appeal filed by the defense, the Odesa Regional Court of Appeal issued a ruling overturning the verdict of the Malynovskyi District Court of Odesa and remanding the criminal case to the Odesa Regional Prosecutor for further investigation;

– The Investigative Department of the Security Service of Ukraine (SBU) Office in the Odesa Region entered information into the Unified Register of Pre-trial Investigations regarding the commission of a criminal offense under Part 1 of Article 359 of the Criminal Code of Ukraine.

On November 24, 2017, by a ruling of the investigator for particularly important cases of the Investigative Department of the Security Service of Ukraine in the Odesa Region to close the criminal proceedings, the criminal proceedings were closed on the basis of paragraph 2 of Part1 of Article 284 of the Criminal Procedure Code of Ukraine, it was established that the act did not constitute a criminal offense, which served as the basis for closing the criminal proceedings.

The criminal proceedings, details of which were entered into the Unified Register of Pre-trial Investigations on the grounds of a criminal offense under Part 2 of Article 307 of the Criminal Code of Ukraine in 2013, have been closed.

Since 2013, the following developments have occurred in these criminal proceedings:

– a change in the jurisdiction of the criminal proceedings by the Odesa Regional Court of Appeal;

– at the defense counsel’s request, the court of first instance returned the indictment to address identified deficiencies;

– the prosecutor’s resubmission of the indictment to the court in violation of the rules of jurisdiction;

– a second change in jurisdiction by the Odesa Regional Court of Appeal;

– the indictment was returned again to remedy the identified deficiencies;

– the issuance of a ruling by the Odesa Regional Court of Appeal dismissing the prosecutor’s appeal against the ruling of the court of first instance;

On September 4, 2018, by a ruling of the deputy head of the Bilhorod-Dnistrovskyi Local Prosecutor’s Office to close the criminal proceedings, the criminal proceedings were closed on the grounds that, pursuant to paragraph 3 of part1 of Article 284 of the Criminal Procedure Code of Ukraine: there was insufficient evidence to prove the person’s guilt in court, and all possibilities for obtaining such evidence had been exhausted, which served as the basis for closing the criminal proceedings.