Who does not want Prosecutor General's Office to investigate Maidan crimes?

Author : Yaroslav Konoshchuk

Source : 112 Ukraine

An important amendment to the Criminal Procedure Code, which obliges Prosecutor General to continue investigation in Maidan crimes, has allegedly disappeared from the document
16:00, 24 November 2017

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It seems that the conflict between the Prosecutor General's Office and the National Anti-Corruption Bureau, not without the help of representatives of the authorities and the opposition, has entered a new stage. After the initiation of criminal cases against Prosecutor General Yuriy Lutsenko and the director of the bureau Artem Sytnyk, other legal arguments went into effect. November 20, Yuriy Lutsenko announced the transfer of dozens of cases against officials, investigated by his office, to the National Anti-Corruption Bureau and complained that the latter refuses to accept many cases. It did not take long to wait for an answer, and on November 21 People's Deputy Olena Sotnyk said that according to the amendment to the Code of Criminal Procedure, which she and the vice speaker of parliament Oksana Syroid had supported and supported the parliament, it was the agency on Reznytskay who should continue to investigate the case the attitude of former President Viktor Yanukovych and many others.

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In turn, Parliament Speaker Andriy Parubiy in a commentary to journalists assured that this norm is included in the editorial office, which he sent for signature to the head of state. NABU has earlier announced about the possible stoppage of work on the cases of top officials, if hundreds of cases from the Prosecutor General's Office were transferred to them. For its part, Vice Speaker Oksana Syroid suggests that after signing the law by the Speaker of the Parliament, the law "could be rectified in the Presidential Administration."

In accordance with the transitional provisions of the Code of Criminal Procedure, November 20, 2017, a five-year transition period expired, during which the prosecutor's office could perform investigative functions. It was assumed that by this time the State Bureau of Investigation and the National Anti-Corruption Bureau will be established. NABU has launched to work, while the State Bureau of Investigation still exists practically on paper. Based on the results of the contest, the ex-procurator from the Lviv region Roman Truba was elected the director of the bureau, who is considered close to the NSDC secretary group Olexander Turchynov and Minister of Internal Affairs Arsen Avakov. Truba’s deputies are Olga Varchenko and Serhiy Buriak  are associated with President Poroshenko.

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However, now the State Bureau of Investigation cannot deal with any cases, according to experts' calculations, it can take at least six months or a year to take the cases into its own production. The current version of the Code of Criminal Procedure suggested that the Prosecution General would deal with the affairs of the Maidan "until the formation of the State Bureau of Investigation, but no more than two years." At the same time, at the previous plenary week, the deputies refused to support changes to the Code of Criminal Procedure, which presupposed the preservation of the investigation of the Prosecutor General's Office until 2019.

It should be noted that in accordance with the transitional provisions of the Constitution, the General Prosecutor's Office "continues to perform investigative functions before the formation of the bodies envisaged by law, which should investigate relevant cases." However, since the Constitutional Court did not explain this rule, every department understands it as it likes.

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November 22, President Poroshenko signed amendments to the procedural codes, which means that soon we will see the final version of the documents.

What are the reasons that led to the war around criminal proceedings? Sources of in factions of the coalition and opposition note that most of the deputies are dissatisfied with the work of the department regarding the investigation of "unlawful actions of detectives of the National Anti-Corruption Bureau against people's deputies." NABU is investigating several cases of corruption of people's deputies, including the coalition. So they did not keep the investigative function of the Prosecution General until 2019.

Another reason is the authorities' reaction to the activity of the National Anti-Corruption Bureau against the son of Arsen Avakov, the Minister of Internal Affairs, whom the bureau suspects of embezzling budgetary funds, as well as other officials. It is worth noting that after the Solomiansky district court decided to release the son of the Minister of Internal Affairs for a personal commitment, one of the figurants of the "amber case", MP from the Popular Front faction Maksym Polyakov, accused the director of the NABU, Artem Sytnyk of theft of 125 hectares of land.

Related: Pretrial investigation of “Maidan cases” against former Ukrainian top officials to come to its end soon, - Prosecutor

However, already in December, deputies can put an end to the war around criminal proceedings. Parliament Speaker Parubiy did not rule out that the deputies will extend the term during which the Prosecutor General's Office can carry out pre-trial investigation, noting that the Constitution presumes the preservation of investigative functions for the Prosecution General before the work of the State Bureau of Investigations begins.


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