The hearing of the complaint submitted by the defence of the chairman of UKROP political council Hennady Korban against the decision of Dniprovsk District Court of Kyiv on his arrest was adjourned as there was no agreed position between the court and the prosecution or because the judges of the Court of Appeal fear to take responsibility for knowingly unjust decision made by Mykola Chaus. The politician’s lawyer Oksana Tomchuk told it to the journalists on January 22 after the court session.
“As I understand there is simply no agreed position or the court does not want to follow the position that has been agreed,” said Oksana Tomchuk. However, she has noted that it is unclear how to legalize the unlawful decision of the judge Mykola Chaus on Hennady Korban’a arrest, and who among the judges would take responsibility for it.
According to the lawyer, the original order of the Prosecutor’s Office of Kyiv that determines creation of other investigative bodies, delivery of which was used as the formal reason for adjourning the hearing, actually has nothing to do with the case and in general does not matter. As now there are positions of the Court of Appeal and the Supreme Court which have clearly stated that the place of jurisdiction is to be determined according to the legal address.
“In this case, the legal address of the Prosecutor’s Office of Kyiv has nothing to do with Dniprovsk Court, and this means that Dniprovsk Court had no right to consider the request on changing pretrial restriction, as well as any other request,” said Oksana Tomchuk. At the same time she has denied the information given by the investigators of the General Prosecutor’s Office of Ukraine who said that there were no criminal proceedings against them. According to the defender, the documents proving opening of the relevant cases have been demonstrated to the media. However the lawyer admits that perhaps these proceedings have already been closed.
