CIRE explains why they removed the electronic bracelet from Alpin
Due to the increase in the deposit of the businessman Vadim Alperin, a modification of the preventive measure has occurred, therefore, the additional rights assigned to the previously applied preventive measure have ceased.
This is stated in the comment of WAKS President Vera Mikhailenko published on the WAKS website.
“Due to the application of a larger bond to the suspect, a change in the preventive measure has occurred, therefore the action of the additional functions assigned to the preventive measure initially applied has ceased,” says the report. .
In particular, on May 21, the investigating judge of the WAKS refused to comply with the request of the prosecutor of the SAP concerning the extension of the procedural rights assigned to the businessman from Odessa suspected of organizing customs clearance imported goods at low prices.
“First of all, attention should be paid to the nature of the procedural tasks which are assigned to the suspect in accordance with art. 194 Code of Criminal Procedure of Ukraine. They are in addition to any preventive measure not related to detention. These functions are not independent in nature. It is an auxiliary measure of procedural constraint, aimed at reducing the risks of criminal proceedings, the presence of which was established during the examination of the question of the choice of a preventive measure “, explains the court.
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WAXA noted that a characteristic is the duration of these measures, that is to say that the functions assigned to the suspect within the framework of the application of the preventive measure arise from the moment when the appropriate procedural decision is taken by the investigating judge, the court (determination) or a certain condition (a commitment as an alternative preventive measures) – and end after the end, modification or cancellation of the preventive measure.
It is specified that if the decision of the investigating judge on the application of the preventive measure is annulled or modified by the court of appeal, the initial decision is lost, that is to say that it does not enter not in force, including in the part of the functions, if it was allotted to him by the examining magistrate.
“In this case, the corresponding functions were assigned to the suspect by order of the investigating judge of the Higher Anti-Corruption Court of 11.29.2019. Their period of validity has been extended several times on the basis of relevant petitions, in particular, by the definition of 23.03.2020, it has been extended to 23.05.2020 inclusive. At the same time, the prosecutor appealed to the investigating judge of the WAKS for a request to convert the promise into state revenue and to apply a preventive measure in the form of a promise. donation of a larger amount. As this request was refused by the decision of 03/18/2020, that is to say that the preventive measure has not changed, the previously assigned tasks continued to apply, “noted WAKS.
See also: WAX collected 35 million euros from the commitment of Alpine to the State
It is specified that at the same time, the decision of the WAKS Appeals Chamber of April 16, partially satisfied the appeal of the prosecutor and overturned the decision of the WAKS investigating judge of March 18, that the judge investigative refused to request bail from state revenues and apply more of the security measure. .
“The college of judges of the Appeals Chamber, by its resolution, transferred part of the commitment to the amount of UAH 35,000,620 UAH to state revenues and increased the size of the commitment to the suspect at 76,598,982 UAH. When deciding on appeal and amending the bail measure previously applied, the question of assigning procedural obligations to the suspect under Part 5 of section 194 of the Code of criminal procedure of Ukraine has not been resolved. Consequently, due to the application of a larger bond to the suspect, a modification of the constraint measure occurred, therefore, the action of the additional rights attributed to the restriction measure initially applied has ceased ” , notes the court.
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Thus, as indicated, at the time of filing and examining the request of the prosecutor to extend the suspect’s functions, these obligations have already ceased to exist due to the modification of the suspect’s preventive measure without resolving the question the imposition of procedural obligations under Part 5 of Article 194 of the Code of Criminal Procedure of Ukraine.
As previously reported, lawyer Andrei Fedur explained that the investigating judge of the Higher Anti-Corruption Court had removed the obligation of Odessa Vadim Alperin’s businessman to wear an electronic bracelet and to pass passports, because the SAP prosecutor had not indicated the need for these functions in his request.
According to the materials: ukrinform.ru