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Fatula, offender of a serviceman in Bukovel, was punished by Cherkasy judges for selling counterfeit goods with fines instead of prison

петрович,олександр,фатула

Oleksandr Pavlovych Fatula, born in 1982, is involved in at least two criminal proceedings related to trading in counterfeit alcohol.

This was mentioned on Facebook by blogger Serhii Marchenko, informs Censor.NЕТ.

Based on YouControl data, he points out that back in 2015, Oleksandr Fatula was fined UAH 51,000 for the illegal manufacture and sale of counterfeit goods (parts 1-2 of Article 204 of the Criminal Code of Ukraine).

It is worth noting that the text of verdict of the Sosnovsky District Court of Cherkasy of July 22, 2015 states that the accused in late October 2014 created and led "a stable organized group that specialized in the illegal production of alcoholic beverages by opening underground workshops using equipment that ensures mass production of such goods, illegal purchase for sale and storage for this purpose, as well as distribution and transportation for the purpose of selling illegally produced alcoholic beverages in the city of Cherkasy and Cherkasy region".

The defendant involved his nephew and another man in the "business". The group was engaged in the production and sale of counterfeit products until the moment of their detention by law enforcement in May 2015. The court released the defendants on personal recognizance, and eventually took into account their "sincere repentance" and imposed fines of UAH 51,000 each, which were spread over a year in equal installments.

Interestingly, according to the document, the defendant already had at least one previous conviction: On July 8, 2014, the same court found him guilty under the same articles and imposed a fine of the same amount, and then released him from serving his sentence on the basis of Article 1, paragraph "c" of the Law of Ukraine "On Amnesty" of 08.04.2014 (as a person not deprived of parental rights who, on the day the law came into force, had children under 18 years of age, "disabled children and/or adult sons, daughters recognized as disabled").

Article 204 of the Criminal Code of Ukraine is "Illegal manufacture, storage, sale or transportation for the purpose of selling excisable goods". Its first part (Illegal acquisition for sale or storage for this purpose, as well as sale or transportation for sale of illegally manufactured ethyl alcohol, alcohol distillates, alcoholic beverages, beer, tobacco products, tobacco, industrial tobacco substitutes, fuel or other excisable goods) provides for a fine of five thousand to ten thousand tax-free minimum incomes with confiscation and destruction of illegally manufactured goods. The second part of the article (Illegal production of ethyl alcohol, alcohol distillates, alcoholic beverages, beer, tobacco products, tobacco, industrial tobacco substitutes, fuel or other excisable goods or committed by a person who has previously been convicted under this article) is punishable by imprisonment for a term of three to five years with confiscation and destruction of illegally produced or purchased goods, tools, raw materials for their manufacture.

According to Marchenko, on February 27, 2019, the Sosnovsky District Court of Cherkasy again convicted Fatula under Part 1 of Article 204 of the Criminal Code of Ukraine (trade in counterfeit goods), but "did not notice" the 2015 verdict. This time, the fine was 20400 UAH.

According to the court's verdict, in April 2018, the defendant "organized and led a stable organized group" involving two of his acquaintances. The organization "specialized in the illegal acquisition, storage, transportation for sale, as well as the sale of illegally produced alcoholic beverages in Cherkasy for profit". The "business" operated until the end of 2018, when it was shut down by law enforcement.

The court took into account the defendants' "sincere remorse and active assistance in solving the crime," "positive characterization" at the place of residence, and alleged lack of criminal records, making each of them pay a fine of 20400 UAH.

The Unified Center for Court Decision Processing also contains other offenses in which Oleksandr Fatula and the Sosnovsky District Court of Cherkasy are mentioned - "Violation of the procedure for the acquisition, storage, registration or accounting of gas pistols and revolvers and ammunition for them", "Violation of traffic rules that caused damage to vehicles, cargo, highways, streets, railway crossings, road structures or other property". The same court ruled on the divorce of Oleksandr Fatula and Natalia Fatula.

The commander of the 2nd Assault Battalion of the 3rd Separate Mechanized Brigade, Dmytro Kukharchuk, posted on Facebook that Fatula "has a record of drunken driving and, according to insider sources, hit a cyclist in Cherkasy a week ago (this information is being verified)."

As a reminder, the man insulted a soldier on the territory of the Bukovel ski resort. The conflict arose after the serviceman made a remark about the Russian language.