The Prosecutor General’s Office Seized Original Text of the Court Decision in the Case of ‘Yanukovych’s $1.5 billion’ from the Court due to the Apostille Not Being Affixed on Their Papers
Pecherskyi District Court of Kyiv enabled the Prosecutor General’s Office to withdraw the original text of the Court Decision, according to which $1.5 billion of the so-called “Yanukovych’s coffers” is being confiscated. The court’s order dated November 13, 2017, is evidence of this.
The court bound over Donetsk Oblast Court of Appeal to hand the original documents of the court case no. 234/4135/17 to prosecutors of the Prosecutor General’s Office of Ukraine Oleksandr Hovoruschak, Kostiantyn Kulyk, and Yaroslav Dombrovskyi, including the decision of Kramatorsk City Court of Donetsk Oblast dated March 28, 2017, as well as all the motions, appeals, and statements of lawyers D. V. Scherbyna and M. M. Kovalenko made in the interest of Cyprus companies Opalcore Ltd, Akemi Management Limited, Erosaria LTD, Wonderbliss LTD,and Aldoza Investments Limited.
The court order was set to be valid for a month – until December 13.
The Prosecutor General’s Office based its motion suggesting that the filed appeals against the verdict to Kashkin were submitted by the lawyers that could have forged the agreements on Cyprus companies’ interests representation.
It was made “with the aim to assist the members of the criminal organization by hindering carrying out the court decision, in particular in its part on special confiscation of the assets (the money) belonging to the criminal organisation”.
The prosecution ascertained that agreements on providing legal services by lawyers D. V. Scherbyna and M. M. Kovalenko were made by Cyprus companies Opalcore Ltd, Akemi Management Limited, Erosaria Ltd, and Wonderbliss ltd represented by А.М.К. Trusteeservices limited, whose documents were attested by Tonia Antoniou. On behalf of Aldoza Investments Limited company the agreement was signed by Pagedirectors limited, whose interests were attested by Patrikios Pavlou.
However, the Prosecutor General’s Office states, “not a single aforementioned agreement or attached document, though residents of Cyprus are their party, has the necessary apostille according to the Apostille Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents.
Thus, D. V. Scherbyna, and M. M. Kovalenko submitted appeals, motions, and statements to the Donetsk Oblast Court of Appeal, using photocopies of agreements on providing legal services without proper apostille affixed.
The motion by the prosecutors of the Prosecutor General’s Office of Ukraine was filed as part of the investigation by the Investigation Unit of the Directorate for Investigation of Particularly Important Cases of the Main Department for International Legal Cooperation of the criminal case no. 42017000000001533 of May 18, 2017, into the assistance by the unidentified individuals to the criminal organisation headed by Yanukovych.
Mikheil Saakashvili was detained in early December 2017 as part of this investigation.
It is worth noting that on April 27, 2017, the verdict of Kramatorsk City Court of Donetsk Oblast came into legal force and the authorised state bodies started the procedure of confiscation of the money assets to the state budget.
The verdict to Kashkin is classified. According to the expert conclusion on the presence of data that constitute the state secret no. 3 of June 08, 2017, registered in the Security Service of Ukraine under no. 4326 of June 19, 2017, the respective parts of the verdict by Kramatorsk City Court of Donetsk Oblast in the case no. 234/4135/17 were classified “Secret”.
As Kramatorsk City Court does not possess a special authorisation for conducting activities connected with the state secret, the materials of the court case no. 234/4135/17 were handed to the Court of Appeal of Donetsk Oblast for keeping.