05 October 2023, Thursday, 17:56 200

NACP dissatisfied with court's decision regarding President's Office ex-deputy head Tymoshenko, but cannot appeal it

Editor: Daria Zubkova

Читати українською

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The National Agency on Corruption Prevention (NACP) has read the content of the resolution of the Pecherskyi District Court of Kyiv based on the results of the case review on the alleged commission of administrative offenses related to corruption by the former deputy head of the Office of the President of Ukraine Kyrylo Tymoshenko and considers it unconvincing, however according to the law, it cannot appeal it.

This is stated in the message of the NACP, Ukrainian News Agency reports.

The NACP insists on its own legal position and the validity of the protocol on corruption violations against Tymoshenko.

The NACP considers the court's arguments for finding Tymoshenko innocent incomplete and unconvincing, and the corresponding decision unmotivated.

However, due to the imperfection of the legislation, the National Agency does not have the opportunity to present its position in court or appeal the decision in the appeals court.

The NACP emphasizes that under the current legislation, the agency is empowered to draw up protocols on administrative offenses, but is not a party during the proceedings and does not have the opportunity to present arguments to the court in defense of its positions.

The National Agency understands that the court decision has become legally binding, but the issue of establishing the truth in this case is not clear-cut due to the lack of adversarial and comprehensiveness during its consideration.

Understanding the problem, the NACP worked out a package of proposals for amendments to the Code of Ukraine on Administrative Offenses last year, which could eliminate the mentioned shortcomings and ensure an objective and comprehensive review of cases on administrative offenses related to corruption.

According to the NACP, it is possible to implement this by giving the process of consideration of similar cases signs of competitiveness.

Currently, these proposals are under consideration by the Cabinet of Ministers.

In addition, the State Anti-Corruption Program for 2023-2025 (SACP) foresees the implementation of the norm, according to which the National Agency should be granted the status of a participant in the process in cases based on compiled protocols.

In combination with the possibility of considering such cases in the High Anti-Corruption Court (HACC) instead of local courts, this will contribute to the development of established judicial practice regarding the application of the requirements of the Law "On Prevention of Corruption", notes the NACP.

"The arguments of the Pecherskyi court did not convince the public that the former deputy head of the President's Office is really innocent and, if the NACP had the opportunity to present its arguments, the National Agency would have effectively used it. The unfinished judicial reform also leads to the fact that the courts decide absolutely different decisions, which causes righteous indignation of the society. Due to the imperfection of the procedure for consideration of similar cases in local courts, Ukrainians are deprived of the opportunity to learn the truth," complains the NACP.

As Ukrainian News Agency earlier reported, the ex-deputy head of the President's Office Tymoshenko was acquitted in the corruption case.

The NACP drew up an administrative report on the corruption of the former deputy head of the President's Office Tymoshenko.

An ex-official from the President's Office lived three times for free in a luxury Lviv hotel and rode a Porsche Taycan for free.