The Supreme Court overturned the decision of the Supreme Anti-Corruption Court in the case of the ex-head of the Odesa Regional State Administration due to the lack of a corruption offense.
This was reported by the press service of the Supreme Court.
— On September 30, 2020, the panel of judges of the Third Judicial Chamber of the Supreme Court of Justice reviewed, in fact, the criminal proceedings after the Appellate Chamber of the Supreme Court of Ukraine for the first time. "According to the results of the review by the Supreme Court of Appeals, the Supreme Court overturned the decision of the Supreme Court of Appeals and appointed a new appellate review," the message says.
The court satisfied the cassation appeal of the prosecutor of the Specialized Anti-Corruption Prosecutor's Office against the decision of the Appeals Chamber of the Ukrainian Chamber of Commerce and Industry dated February 11, 2020, which overturned the verdict of the Kyiv District Court of the city of Odessa dated March 18, 2019 on finding the ex-head of the RGA guilty of embezzlement (Part 2 of Article 191 Ukrainian Academy of Sciences). It is noted that the proceedings in the case are closed due to the absence of a criminal offense in the person's actions (clause 2 part 1 of article 284 of the Code of Criminal Procedure).
As a reminder, on February 11, the Kyiv District Court of Odesa found that the former chairman of the RGA at the end of 2016, abusing his official position, took possession of more than 65 UAH budget funds. According to the report, the accused prepared and signed a letter addressed to the then chairman of the Odesa Regional State Administration, Mikhail Saakashvila, in order to obtain approval for the installation of an allowance for the intensity of work and the performance of an individual important job. Subsequently, in order to hide his intentions, he verbally appealed to the deputy chairman of the OGA with a request to put an "interim" resolution in the specified letter.
The man was found guilty under Article 191 of the Criminal Procedure Code of Ukraine (appropriation, embezzlement of property or possession of it by abuse of official position). He was sentenced to three years of imprisonment with the right to hold positions in state authorities and local self-government bodies for a period of three years. This was the first prosecution sentence with deprivation of liberty in proceedings under the leadership of the SAP.
It should be noted that the defendant in the case is the former head of the Zakharyev District, Dmitry Franchuk.
