On January 13, 2021, investigating judge Tymur Khamzin made decisions by which he had obliged the Prosecutor General Iryna Venediktova and her deputy Oleksiy Symonenko to consider the appeal of the lawyer of former Member of Parliament Maksym Mykytas regarding return of the case of deputy head of the Presidential Office Oleg Tatarov to detectives of the NABU.
One of decisions states that this criminal proceeding belongs to the jurisdiction of the NABU. Decisions are final and not subject to appeal.
This does not mean that the case has been automatically returned to the NABU. However, today the Prosecutor General Iryna Venediktova and her deputy Oleksiy Symonenko are obliged to resolve the issue of its return to the NABU.
“Taking into account the fact that Venediktova loves to comply with illegal decisions of Pechersk court with lightning speed, it is interesting to see how she will react to absolutely legal decision of the only court that has the right to decide issues in criminal cases of the NABU. Today, the Prosecutor General must reconsider illegal transfer of the case to the SBU. And the only correct result should be return of materials back to the NABU”, commented lawyer of the AntAC Vadym Valko.
On December 23, 2020, deputy Prosecutor General Oleksiy Symonenko, using illegal decision of Pechersk District Court of Kyiv, changed jurisdiction of the case and transferred it from the NABU to the SBU. This is despite the fact that the CPC explicitly prohibits transfer of proceedings of the NABU to any other pre-trial investigation body.
As dispute over the NABU’s jurisdiction is being resolved by the Prosecutor General or his deputy, Mykytas’s lawyer submitted regarding appeals to the Prosecutor General Iryna Venediktova and her deputy Oleksiy Symonenko on December 28, 2020. However, Venediktova and Symonenko did not consider appeals within three days, as required by law. And the lawyer was forced to file the appeal to the court.
Investigating judge also stated that this criminal proceeding was under jurisdiction of the Anti-Corruption Court and it was authorized to exercise judicial control within the abov-mentioned case. In fact, this is confirmed by the fact that only the HQCJ can consider appeals in this case, and decision of judge Vovk from Pechersk District Court is illegal.
In decisions judge Khamzin also stated that investigating judge could not decide appeals, in fact, and oblige the Prosecutor General or his deputy to make decision, as this was excess of his powers. This is additional argument that decision of judge Vovk from Pechersk District Court is illegal.
We should remind that Oleg Tatarov is suspected of conspiracy in transfer of bribe from Maksym Mykytas to official of the criminalistic institution of the Ministry of Internal Affairs Konstantyn Dubonos. Prosecutors of the SAPO announced suspicion to Tatarov and were going to ask for custody with the alternative of bail in the amount of 10 million UAH.
However, after illegal transfer of the case to the SBU, prosecutors of the SAPO were replaced by prosecutors of the Prosecutor General’s Office. They withdrew the arrest warrant and stated that they had doubted the validity of suspicion.