SBI opens criminal proceedings against Dnipro TRO Vodolazkyi
The SBI, in order to please commercial entities, opens criminal proceedings against those who have been defending Ukraine since 2014.
This was reported on Facebook by Daria Kiyanenko, a lawyer of the Dnipro TRO brigade of Oleksandr Vodolazkyi, Censor.NET reports.
"The full-scale invasion continues, but the interests of businesses close to the oligarchic structures do not care. Today, a terrorist defence brigadier has fallen victim to greedy revenge, and who will be next? Oleksandr Vodolazkyi, commander of the 128th TRO Brigade, has been served with a suspicion and arrest warrant, is being searched for more than once, and is being summoned for questioning by the State Bureau of Investigation on 16-17 October. And why is that?" she asks.
According to Kiyanenko, the story began in March 2022, when the enemy was on the outskirts of Dnipro, the situation seemed critical and required security solutions. It was Oleksandr Vodolazkyi, a combat commander who has been defending the country and Dnipro for more than 9 years, who signed the order in accordance with his job description. It referred to the alienation and transfer of property for military needs under martial law.
"This decision is of strategic importance to this day, because the order signed by the commander of the military unit is actually a MILITARY TACTICAL DECISION made in the field of city defence in the realities of the outbreak of the Russian war against Ukraine, which is a state secret. The list of buildings, structures and necessary works was agreed with the headquarters of the city defence council, and Mr Vodolazky gave a logical order to build defence strongholds and blocking points on the Dnipro embankment, including the leased areas of the enterprise. Thus, the military unit A7384 drew up the relevant acts of expropriation or seizure of property, which were approved by the executive committee of the Dnipro City Council, with the property being appraised," the lawyer explains.
"What is the path from fulfilling the duty to protect the homeland and territorial integrity of Ukraine to suspicion? A very short one, if it is beneficial to someone. Despite the fact that actions aimed at repelling Russia's armed aggression under martial law cannot constitute a criminal offence, Oleksandr Vodolazkyi is being searched and is awaiting interrogation. And all because of the attempts of Estate City LLC and Kvartal Group LLC to profit from the bloody war in Ukraine. The two companies drew up the amount of losses and went to court to seek compensation. The court accepted the claim, so we have the materials of the commercial case (No. 904/868/22) in the Kyiv Commercial Court, a dispute over property that is resolved by law in court. Perhaps this was the only thing that complied with the law, because the Kyiv judges went far beyond their powers and ordered a large-scale examination, which sometimes did not even relate to the plaintiff's requests. What kind of experts were supposed to expertly decide on the correctness of the actions of the military unit and its commander, backed by the order of the Ministry of Defence of Ukraine, under martial law, during the full-scale invasion of Russia - a very big question! As well as how much it cost," Kyianenko continues.
Fortunately, according to the lawyer, the decision to hold it was cancelled at the appeal stage. The hearings were held quickly, and no one condoned the attempts of Estate City and Kvartal Group to delay the case.
"The court made a legitimate decision because, and I quote: "the questions asked do not relate to the subject matter of proving the disputed legal relations" - in other words, these are questions about "nothing", about regulations that everyone can read on their own, about the assumptions of businessmen, etc.", the post says.
However, back in May 2022, a notice of suspicion against Mr Oleksandr was filed in the URPTI, which was intended to prove the illegality of the actions of the commander of the 128th Brigade of the Dnipro TRO. He is accused of abuse of power, although the Ministry of Defence of Ukraine completely disagrees with this. Let me remind you that Oleksandr Vodolazkyi acted on the initiative of the Dnipro Defence Headquarters and exclusively within the scope of his powers, in accordance with the Law of Ukraine "On the Transfer, Compulsory Alienation or Seizure of Property under the Legal Regime of Martial Law or a State of Emergency", which indicates that his actions lacked both subjective and objective elements, which are mandatory components of every crime, including those under Article 426-1, Part 5 of the Criminal Code of Ukraine.
"From the very beginning, I pointed out that Oleksandr Vodolazkyi was being illegally prosecuted, and that the prosecution was artificially creating evidence, because it is obvious that there are no facts in the criminal proceedings that would prove that the Dnipro defender committed a crime. Moreover, the notice of suspicion does not contain any specific elements, such as objective and subjective. Where do the searches come from, then, and on what basis can interrogations take place, you may ask. My personal belief is that the SBI should deal with criminals. In practice, it is different: The Bureau is opening criminal cases against those who have been defending Ukraine since 2014 to please commercial structures. It is highly likely that I, as a human rights activist and a military man who is not acceptable to businessmen, will be "attacked" by searches - the case file refers to the transfer of some secret documents to me personally!
I consider it necessary to reach out to the authorities today to stop the State Bureau of Investigation from turning into a private collection agency for pro-oligarchic networkers. In their lawsuits, the plaintiffs in the case against the brigade commander of the TRO claimed that Oleksandr Vodolazkyi's tactical decision undermined the authority of the military in Dnipro. However, I believe that the arbitrariness and persecution of the defenders of the State is what actually undermines confidence in law enforcement agencies, and above all, harms the Ukrainian reputation that our President of Ukraine, Volodymyr Zelenskyy, is currently building on the world stage!" summarises lawyer Kiyanenko.
"Suspicion of the brigade commander for using private buildings for defence purposes in March 2022. The DBR, which fled to Lviv at that time, has now returned and is punishing the defender of Ukraine, Colonel Vodolazkyi," Censor.NET editor-in-chief Yuriy Butusov commented on the lawyer's post.
"When the Nazis were approaching the Dnipro region in the spring of 2022, the military ordered the construction of fortifications in Dnipro. And now the residents of Dibrivka are suspecting the military for building fortifications. At the same time, two companies felt offended by what the military was building on their waterfront plots. They filed a lawsuit for damages. That's who owns these companies.
The main owner of Estate City LLC is Oleksiy Dubilet, the son of private banker Oleksandr Dubilet. Before the invasion, the founders included his father, as well as his partner Oleg Gorokhovsky (Monobank) and Vladimir Yatsenko. This is another private banker who was prevented by the NABU from fleeing Ukraine by plane. The founders also include Lyudmyla Shmalchenko and Mykhailo Rogalsky, who were also part of Privatbank's management under Kolomoisky.
The owner of Kvartal Group LLC is a certain Petro Klymenko. It was registered with a bunch of companies in Dnipro, including Privat-Auto," journalist Yuriy Nikolov wrote on Facebook.
Earlier, Censor.NET reported that the house of Dnipro Vodolazkyi, a commander of the TRO brigade, was searched, he was served with a suspicion and summoned to court.
