The court in the case of Yanukovych: what is the fugitive suspect

Today, may 4, Obolonskiy district court of Kiev will begin the in absentia trial of ex-President of Ukraine Viktor Yanukovych on charges of treason. Automated distribution of cases already identified a panel of three judges Obolon district court of Kyiv court Chairman Vladislav Devyatko, his Deputy Dmitry Kamburova and judges of the civil and administrative Board of judges Maxim Titov. The court session will be held in public. As stated in the video the Prosecutor General of Ukraine Yuriy Lutsenko, during the process all rights Yanukovych as a suspect, guaranteed by the Ukrainian legislation are met.

“This is not a process of revenge, because we need justice, and let the rule of law,” – said Lutsenko.

The appeal of the Prosecutor General Yuri Lutsenko regarding the start of the trial against Viktor Yanukovych. Video: Youtube/the General Prosecutor’s office of Ukraine

Himself Yanukovych this process considers illegal and has appealed to the European court of human rights (ECHR), said his lawyer Vitaly Serdyuk. Thus, the ex-President and his defenders filed a complaint with the ECHR about the illegal attempts of conviction and failure to provide access to participation in the trial.

“Yanukovych gave us his appeal to the ECHR, because it considers illegal his in absentia conviction under article “treason” and said the lack of access to participation in the process”, – said Serdyuk.

As stated by the lawyer of fugitive ex-President, without notifying the Russian Ministry of justice on the summons, the summons Yanukovych has no legal force, so to attend the meeting he did not have. But the court will attend to his defenders.

“I’ll be sure to be present in court. About calling Viktor Yanukovych will say that every citizen of Ukraine, who is abroad, according to the requirements of the law, is called through the Ministry of justice of the country where it is located. No calls in the manner prescribed by article 135 of the criminal procedure code was not done. Therefore, Yanukovych is not officially notified about the time and place of the hearing and the court will not proceed to the examination without proper call person to court”, – said Serdyuk.

According to the lawyer, the agenda of Yanukovych, which was published on the website “the Judiciary of Ukraine” has no legal force. However, Yanukovych intends to participate in the hearing, said Serdyuk.

Summons to court, Viktor Yanukovych. Photo:

The case of treason: even Yanukovych

28 November 2016 during a meeting of the Sviatoshynsky district court of Kyiv on the case on suspicion that former employees of special division “Berkut” in the murder of people during the revolution of Dignity the attorney General Lutsenko videoconference was read by Yanukovych, who testified as a witness in this case, suspicion of high treason.

So, Yanukovych is suspected of committing crimes under part 1 of article 111 (high treason), paragraph 5 of article 27, part 3 of article 110 (intentional complicity in acts committed with the aim of changing the boundaries of the territory and the state border of Ukraine in violation of the order established by the Constitution of Ukraine) and part 5 article 27, part 2 of article 437 (aiding in waging aggressive war) of the criminal code of Ukraine.

“Accordingly, the content of the message, Yanukovych Viktor Yanukovych is suspected that on March 1, 2014, as a citizen of Ukraine, while in an undisclosed location in the territory of the Russian Federation, acting intentionally in violation of art. 1, 2, 65, 68, 132, 133, 134 the Constitution, committed treason, and also with the purpose of aiding the Russian Federation and its representatives in violation of the sovereignty and territorial integrity of Ukraine, hoping to obtain support and protection from the authorities of the Russian Federation for further long-term residence on the territory of the country and avoid criminal liability in Ukraine creating the idea of legitimacy of actions of officials and service persons of the Armed forces, presenting the appearance of legitimacy of the invasion and occupation by units of the Armed forces of the Russian Federation the territory of the Crimea Peninsula, recognizing explicitly the wrongfulness of their actions, made, signed and filed a written statement to the Russian President Putin to use the armed forces of the state on the territory of Ukraine, which gave a foreign state, the Russian Federation, and its members help in conducting subversive activities against Ukraine as well as facilitating the officials and service persons of the armed forces in waging aggressive war against Ukraine and the Commission of intentional action with the aim of changing the borders of the territories and the state border of Ukraine in violation of the order established by the Constitution of Ukraine, which led to serious consequences in the form of violation of the sovereignty and territorial integrity of Ukraine”, – said Lutsenko.

The head of the GPU said that Yanukovych’s actions led to the occupation of the Crimea, as well as causing losses to the state due to the losses of state property totaling more than 1 trillion 80 billion UAH.

The Russian side is the receipt of the letter from Yanukovych with a request to use Russian troops in Ukraine denies, said in early March Lutsenko. According to him, the response of the General Prosecutor’s office reported that the Administration of President nor the Federation Council had not received such a letter. However, a copy of this letter earlier, during a speech in the UN security Council showed former permanent representative of Russia Vitaly Churkin. Moreover, the existence of such a letter was confirmed by Yanukovych and Russian President Vladimir Putin, said Lutsenko.

Materials that are submitted to the GPU during the statement Lutsenko about the transfer of the case of treason Yanukovych in court. Video: Youtube/the General Prosecutor’s office of Ukraine

On March 28 an Appellate court in Kyiv has defined the jurisdiction of the case of treason Yanukovych of Pechersky district court of Kiev it was handed over in Obolon, which 4 may have to hold a preparatory meeting.

The hearing in the case on misappropriation of land in Sukholuchye

Meanwhile, one of the capital’s court of Shevchenko district in Kyiv city – postponed to may 17 the hearing of fact regarding the illegal transfer of ownership of Yanukovych lands in the tract Sukholuchye in the Kiev region. This is another case against the former President. Him and another 18 people suspected of misappropriation of land area of 17.48 ha. the court Session was appointed on April 13, but due to the absence of one of the lawyers was transferred.

Other criminal proceedings against Yanukovych

Suspicions of treason and misappropriation of hunting land in Sukholuchye is not all episodes of which against Yanukovych’s criminal proceedings.

According to the PGO, former President suspected misappropriation of a complex of buildings and constructions “Pushcha-Vodytsia” tracts “Mezhyhiria” totaling more than 540 million hryvnia (h 5CT.191, part 3 of article 209, paragraph 5 of article 368 of the criminal code of Ukraine). In addition, investigators conduct pre-trial investigation upon receipt of the fugitive President disguised remuneration of a bribe in the amount of 26.6 million UAH from company “Printing house “New World” (p. 4st. 368 of UK of Ukraine), and for illegal construction and further funding from the state budget funds in the amount of 220 million hryvnia telecommunication networks of special purpose (part 5, article 191 of the criminal code of Ukraine).

Moreover, the Prosecutor’s office investigates signing and introduction of Yanukovych’s “dictatorial” laws of January 16, 2014 (part 2 of article 364 and part 2 St. 366 criminal code of Ukraine). In the framework of another criminal proceedings the PGO suspects Yanukovych in fact the creation of a criminal organization and committing a number of grave crimes which led to the deaths of 78 people and injured more than 180 people during the revolution of Dignity (part 1 of article 255, part 4 of article 28, article 340, part 3, article 27, part 3, article 365, part 2 of article 115, part 2 of article 121 of the criminal code of Ukraine).