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Political Points for 21 – 28 January 2019


Political Points of the Centre of Policy and Legal Reform include a weekly expert analysis of the most important processes in Ukraine in areas of constitutionalism, political parties and elections, governance and public administration reform, judiciary, combatting corruption, criminal justice, etc. 

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Shooting team of the "Stop corruption" project was attacked in Kyiv

1. CPLR expert opinion

On January 24, “Stop Corruption” shooting team which was making a story about illegal extraction of sand in Vydubychi was attacked in Kyiv. Attackers have beaten representatives of the public and journalists, picked up a bag with documents and money of one of them, and literally “chopped” their car with an ax. In addition, the criminals shot the gun and threatened to kill them the next time.

2. Respective authorities counter-point/argument

Immediately after receiving information about the fact of committing this offense, the police announced an interception plan in Kyiv. During January 24-25, officers of the Ministry of Internal Affairs carried out operative and investigative actions aimed at the search and detention of offenders. As early as January 25, law enforcement agencies detained seven persons, who were notified suspicion of committing an offense under Article 187 of the Criminal Code (robbery). Organizer of this crime (Mykhailo Burda) was declared wanted (he is currently hiding). Representatives of the NGO “Stop Corruption” have repeatedly noted on their Facebook pages the excellent work of the police and the prosecutor;s office in investigating and disclosing this crime.

On January 26, the Holosiyivsky District Court in Kyiv elected a preventive measure in the form of a house arrest for the detainees. This decision caused an upsurge of indignation from both the public and the police and prosecutors who demanded the detention of these individuals.

3. CPLR assessment of the authorities counter-point

4. Related legislation/instructions which require the authorities act in a certain manner

Articles 392–423 of the CPC, Article 187 of the CC.

5. CPLR expert suggestions on how to fix the problem using the legal instruments available in Ukraine

It is expedient to appeal the decision of the Holosiyivsky District Court in Kyiv on electing a preventive measure in order to ensure the determination of a more severe type of preventive measure. In the future, the public should ensure systematic coverage of the activities of law enforcement bodies in the context of investigating and disclosing this crime, as well as activities of the court in terms of the impartiality and objectivity of the consideration of this criminal proceeding.