Prosecutor, closing ‘Cherkasy judge case’, now works in PGO

Дата: 08 July 2015
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Prosecutor of Cherkasy region Vyacheslav Zhykharev, who closed the criminal case over interference in work of judge of the Court of Appeal of Cherkassy region Serhiy Bondarenko, was transferred to the Prosecutor General’s Office of Ukraine (PGO).

As stated in the response of the Prosecutor General’s Office to inquiry of the Human Rights Information Centre, Zhykharev now works as a senior investigator.

Since May 14, 2015, V.A. Zhykharev has been working as a special cases senior investigator for criminal offenses committed by judges and representatives of judiciary of the special investigations department of the Main Investigation Department of the Prosecutor General’s Office of Ukraine,” head of the department for access to public information Larysa Mylevych writes in response.

As a reminder, deputy head of the investigation department of the Prosecutor’s Office of Cherkasy region Vyacheslav Zhykharev closed the criminal proceedings under Part 2 of Article 376 of the Criminal Code of Ukraine (interference in the work of courts). The proceedings were opened over systematic pressure on judge Serhiy Bondarenko on part of Head of the Court of Appeal of Cherkasy Region Volodymyr Babenko. The harassment began after the judge had refused to make unlawful judgment on the request of Volodymyr Babenko.

During a court hearing at the Oleksandrivka District Court in Kirovohrad region, Serhiy Bondarenko said that the criminal proceedings were trumped-up. He found additional pages after the case had been closed and got acquainted with it. The Prosecutor General’s Office does not comment on the facts of falsification of the criminal case.

Pronouncing the judgment to repeal the decision to close the criminal case, judge Olha Otian noted that investigation had ignored some motions of the judges. For example, Serhiy Bondarenko required verifying the connection between setting fire to his car, appearance of unidentified men near his apartment and interference in the work of the judges by officials of the Court of Appeal of Cherkasy Region. However, the investigation did not take the relevant measures.

As known, the human rights activists and lawyers called on the Parliament to set up an ad hoc investigative commission to investigate the facts stated in the report of the International Advisory Group. The experts hope that additional parliamentary control will help prevent further obstruction of the investigations of murders committed during Euromaidan protests.

Setting up of the ad hoc commission became especially timely after shutting down the Office for Special Investigations at the Prosecutor General’s Office of Ukraine had been announced.

According to lawyer of Automaidan activists Roman Maselko, the vast majority of indictments in cases over persecution of Automaidan activists is being returned to the prosecutor’s office due to the fact that the acts do not correspond to the requirements of the criminal procedure law. Instead of addressing the shortcomings, the prosecutors appeal against the decisions in the higher courts.

Citing examples of obstruction, Roman Maselko recalled investigator Oleksandr Liulchuk, who illegally closed at least two cases filed by Automaidan. Now Oleksandr Liulchuk works at the Prosecutor General’s Office and deals with sabotage and ineffective investigation into crimes committed during Euromaidan protests.

As coordinator of the “Lawyers of Families of the Heavenly Hundred” Taras Hataliak informed, the PGO’s department, which is investigating the negligence and sabotage, is headed by Oleksiy Nechyporenko. Previously, he dealt with investigation of crimes against Automaidan. He is also a son of former MP from the Party of Regions Valentyn Nechyporenko, who voted for the “dictatorial laws” on January 16, 2014. Valentyn Nechyporenko was elected to the Verkhovna Rada of Ukraine of the eighth convocation.

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