The total period of illegal criminal prosecution of Kaletnik was almost 5.5 years
The second judicial chamber of the Supreme Court of Cassation Criminal Court on Friday, October 18, made a final decision in criminal proceedings on the so-called laws of January 16 (the so-called dictatorial laws — “Vesti”.) In relation to the former deputy chairman of the Verkhovna Rada Igor Kaletnik.
The court dismissed the cassation appeal of the Prosecutor General’s Office of Ukraine against the decision of the appellate court to establish the time limits for the said criminal proceedings.
During the pre-trial investigation, the courts adopted a number of decisions that proved the groundlessness of the suspicion, refused to grant permission for a special investigation, twice refused to satisfy the GPU’s applications for detention to elect a preventive measure, the GPU is obliged to close the proceedings and the decree announcing Kaletnik’s wanted was canceled.
Neglecting a dozen court decisions that proved the absence of corpus delicti in Kaletnik’s actions during the chairmanship of the plenary meeting of the Parliament on January 16, 2019, the GPU appealed against the decision to set the terms of the pre-trial investigation, contrary to the requirements of the current legislation of Ukraine — these court rulings are not subject to appeal.
The appellate court refused the GPU to open the proceedings, confirming the conclusions of the trial court. However, the GPU appealed to the Supreme Court with a cassation appeal.
On August 29, 2019, the criminal proceedings were closed by an appropriate resolution in connection with the absence in Kaletnik’s actions of signs of crimes incriminated to him. It is noteworthy that the article allegedly incriminated to Kaletnik was decriminalized in May 2014. At the same time, the total period of illegal criminal prosecution of Igor Kaletnik was five years and four months.
Kaletnik’s lawyer Irina Zalyubovskaya commented on Vesti’s decision of the Supreme Court.
— If the court put an end to this case, then it turns out that the laws of January 16, 2014 are legal and are unreasonably considered «dictatorial»?
— Legality or illegality, constitutionality, not constitutionality of any law on January 16, 15, 25 is determined by the Constitutional Court. Kaletnik was never charged with the «dictatorship» of the law. Kaletnik was charged with illegal voting — that is, he was charged with voting procedures and the essence of the law was not the subject of this criminal proceeding. It was only a question of the adoption procedure, abuse of official position and forgery of documents, but in fact there was not a single signature on it and could not be, since he did not have the authority to sign anything. He exclusively conducted a plenary meeting, which we spoke about over the 5.5 years of the GPU.
— What are the future prospects of this business?
— There are no prospects for this, in the part of Kaletnik for sure. Because he was the chair of a meeting of the Verkhovna Rada, moreover, in May 2014, this article was partially decriminalized. In order to talk about the criminality of actions, it was necessary to have moral and material harm, about which nothing was spelled out in suspicion at all. It turns out that since May 2014 it was a criminal prosecution and nothing more.
— Did the prosecutors have any other mechanisms for continuing the case under the laws of January 16 and Kaletnik?
— Well, they are inventive with us. In the legal plane — no. But I do not think that they will invent something, because today there is already a point on this matter.
I think that they hoped that if the decision were canceled, then a review of the decision of the first instance to set the deadlines would not give them much, since the decision to close the criminal proceedings was not made on the basis of this decision, but for the lack of corpus delicti in the actions. That is, his signatures were not in the protocols of interrogation of witnesses when the Verkhovna Rada apparatus was questioned, there was not a single testimony regarding the fact that Kaletnik gave instructions to prepare the protocols of the current commission or to enter any numbers there. In general, there was no evidence that he had somehow abused his official position. He led a plenary meeting, as it was his duty.