The Council of judges of Ukraine has accused the General Prosecutor’s office of encroachment on the independence of the judiciary in connection with the opening of criminal proceedings against Poltava judge Andrey Antonov, closed the case of Gennady Kernes. The situation around the judge Antonov was discussed at an emergency meeting of the Council of judges on Monday, August 13.
The decision noted the inadmissibility of actions that can be regarded as interference in the work of the judiciary, as well as public statements by officials about necessity of attraction of judges to responsibility.
The head of Committee on questions of independence, judge of the Ternopol district administrative court Andrei Zhuk noted that prosecutors are prohibited by law to publicly Express doubt about the justness of court decisions outside the procedure of their appeal.
“We therefore believe that the Council of judges of the need to respond to this situation, given that it’s not isolated,” said beetle.
“Let’s call a spade a spade. When it is decided any decision, and then the judge opened criminal proceedings according to the 375th article, and then specialcheck NACP, it was referred to as bullying,” said in turn the judge of the Economic court of Kharkiv region Tatiana Suyarko.
In turn, member of the Board, the judge of Lenin regional court of the Dnieper Dmitry Movchan noted that the prosecutors ‘ actions threaten the imposition of a fair solution in the case of Kernes, in the appellate court.
“This case is on appeal will certainly go to the court of appeal. And a colleague who will take this trade immediately will understand that if he agreed with the judge at first instance, it will automatically get a criminal prosecution. If you do not agree with the position of the court of first instance, it will be an information surge that the judges were afraid of prosecution, criminal pressure and took this decision,” – added Movchan.
“Indeed, the initiation of proceedings against a judge of first instance under article 375 is a kind of warning to judges of second and third instance. It is a certain way of pressure,” concluded the judge of the Kyiv administrative court of appeal Dmitry Mezentsev.
Recall that on 10 August, the Kiev district court of Poltava decided to close a criminal case against the mayor of Kharkiv Gennady Kernes and his guards Vitaly Blinnikka and Eugene Smitkova.
The judge stated that prosecutors withdrew from proof of guilt, with the result that it is seen for the fourth consecutive year. The last seven meetings, which was scheduled for debate, prosecutors generally missed. The court interpreted this as a rejection of the allegations and decided to dismiss the case.