Recognition of militants' republics as terrorist at state level is not necessary to condemn them

Source : 112 Ukraine

The Supreme Court made such conclusion when it considers the case of a woman who supported the members of the criminal organizations
15:58, 16 August 2018

Open source

The Supreme Court decided that the recognition of the so-called Donetsk People's Republic and Luhansk People's Republic as the terrorist organizations at the state level is not a necessary condition for the condemnation of their members for the terrorism as the press service of the Supreme Court reported.

"For the prosecution of the persons for the creation of the terrorist groups or terrorist organizations, the decision of the state authority bodies on the recognition of their activity as terroristic is not necessary," the message said.

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Such conclusion was made by the panel of judges of the Second trial chamber of the Criminal Court of Cassation as a part of the Supreme Court, during the consideration of the case of a woman who supported the members of the criminal organizations and harbored their criminal activity.

"According to the verdict of Dzerzhynsk City Court of Donetsk region on February 15, 2017, M. pleaded guilty in the establishing of the contact with a person who was in Horlivka, Donetsk region for the support of the members of the criminal organization and she passed this person the information of the intelligence nature on the detachments of the Armed Forces of Ukraine deployed in Toretsk and its outskirts," the message said.

Related: Militant targeted OSCE SMM observers from gun in Luhansk region

However, the body of the pretrial investigation served M. charges due to other support of the activity of the terrorist organization, the first instance court reclassified it in the beforehand not promised support to the members of the criminal organizations by provision of the information.

This classifying was assumed from the absence of any decision of the court or regulation that recognizes the militant's republics as the terrorist organizations.

Related: Militants attack residential area in Donetsk region

The Appeal Court of Donetsk regions agreed with such arguments, however, according to the Supreme Court, the appeal court did not take into account the definition of the terrorist organization according to the law of Ukraine "On fight against terrorism" and Article 28 of the Criminal Code of Ukraine. The terrorist organization is defined as the kind of the criminal organization with a special aim for the implementation of the terrorist activity.

Thus, the Supreme Court canceled the verdict of the Appeal Court and appointed new consideration in the court of the appeal instance.

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