34 out of almost 100 NABU’s proceedings: the trials have not started yet

18.11.2017 00:00

The trials haven’t started yet regarding 34 of the criminal proceedings in which the Detectives of the National Anti-Corruption Bureau of Ukraine completed the pre-trial investigation and the prosecutors of the Specialized Anti-Corruption Prosecutor's Office sent the indictments to courts. In some cases, the trial hasn’t started for more than a year and a half. For example, in criminal proceeding, as of the case of officials of the Vasylkivska Regional State Administration of Kyiv Region, the trials have not begun yet and it lasts for more than a few months. At the same time, the scheduled court hearings didn`t happened for various reasons. The trial as of the case of the Director of Limited Liability Company (LLC) Zaporizhye Titanium and Magnesium Combine (accused of abusing of official position) has not been started for more than 12 months.

There are a lot of reasons why the courts fail to start considering the NABU cases: the problem of determining of jurisdiction, inability to form a panel of judges (NABU`s cases should be considered by three judges with 5 years’ experience of work), lack of time of judges, failures to appear in courts, etc.

Sometimes the reasons are completely incomprehensible. Thus, Svitlovodskyi District Court returned the indictment in proceedings as of the facts of receiving an improper advantage by the Deputy Prosecutor of the Kirovograd Region.  The judges underlined that offer and giving of improper advantage are separate crimes, and therefore they qualified the  prosecution in this case as incorrect. The Anti-corruption prosecutors filed an appeal on the abovementioned court decision.

Infographic in HQ: https://www.flickr.com/photos/nab_ukr/26760546449/