Prosecutor Vinnikov, suspected of stealing more than UAH 4 million seized during search, will not be held in custody - decision of Court of Appeal. PHOTOS
The Kyiv Court of Appeal has ruled not to change the measure of restraint in the form of a personal commitment for prosecutor Volodymyr Vinnikov, who is suspected of embezzling over UAH 4 million seized during a search of businessman Oleksandr Mikhnovets' home.
This was reported by Censor.NET.
Members of the Manifesto 42 civic movement, which aims to defend Article 42 of the Constitution, which guarantees the right to entrepreneurship, held a protest outside the Court of Appeal.
During the court session, it became known that the suspected prosecutor Vinnikov did not appear at the hearing of the Court of Appeal on 30 July. He explained this by staying in hospital due to a head injury. According to the prosecution, he was in hospital from 27 to 30 July 2024. However, as of the time of the hearing, he was absent from the ward, and as a result, he was discharged from the hospital for violating the regime.
Vinnikov's lawyer stated that on 30 July, he was actually still in hospital, and the circumstances of his discharge were still to be clarified. Therefore, there is no question of a disrespectful reason for missing the hearing.
Prosecutor Zhydkov stated during the hearing that on 25 July 2024, Vinnikov was dismissed by the decision of the Qualification and Disciplinary Commission of Prosecutors.
By a ruling of the Pechersk District Court of 13 June, Vinnikov was imposed a preventive measure in the form of a personal commitment. The ruling is valid until 5 August 2024. The prosecution (prosecutor Zhydkov) did not agree with this ruling and filed an appeal requesting a preventive measure in the form of detention with the possibility of bail in the amount of 1,400 subsistence minimums (UAH 4,240,720).
The judge noted that the ruling had expired.
Lawyer Vinnikov asked to leave the decision to impose a preventive measure in the form of a personal commitment unchanged.
What the court decided
Later, the judges made a decision: "The prosecutor's appeal ... shall be dismissed. The ruling of the investigating judge of the Pechersk District Court of Kyiv of 13 June 2024 shall be upheld. The decision is final and not subject to appeal".
The judges explained this decision solely by the fact that the ruling had expired and was controlled by another ruling. The prosecutor's office has the opportunity, if it refers to a violation of procedural conduct, to raise the issue of changing the preventive measure before the court.
Earlier, the Manifesto 42 civic movement demanded that the prosecutor of the Holosiivskyi District Prosecutor's Office, Volodymyr Vinnikov, be held in custody for embezzling more than UAH 4 million seized during a search of the home of businessman Oleksandr Mikhnovets.
According to lawyer Hlib Tymofiuk, prosecutor Vinnikov seized more than UAH 4 million during the search and appropriated it, and then stopped showing up for work. The prosecutor's office concealed this for months, but eventually had to report it to the SBI. The Bureau launched a criminal investigation.
The defence argues that Prosecutor Vinnikov's father holds a high position in the Prosecutor General's Office and may have influence on the case, and that the prosecutor's lawyers are former PGO employees.
The Manifesto 42 civic movement demanded that the Office of the Prosecutor General of Ukraine and the Kyiv Court of Appeal be investigated:
- To apply a preventive measure of detention to prosecutor Volodymyr Vinnikov, who misappropriated more than UAH 4 million seized in a criminal case.
- Conduct a comprehensive check of the availability of property and funds seized from entrepreneurs in storage facilities and report on its results to the public.
- To remove from office Volodymyr Vinnikov's father, Mykola Vinnikov, who works as a prosecutor at the Department for Supervision over the Observance of Laws in Criminal Proceedings of the Office of the Prosecutor General of Ukraine and may influence the course of the investigation in which his son is accused.
- Conduct a comprehensive inspection of the Holosiivskyi District Prosecutor's Office and bring to justice those who systematically put pressure on entrepreneurs for corrupt purposes by opening unfounded cases.
The movement's participants also demanded that President Zelenskyy address the following:
- Reinstate the moratorium on searches and seizures of business accounts unless the case involves national security.
- In the event of further failure by the Office of the Prosecutor General to implement the NSDC decision enacted by Presidential Decree 21/2024 (On urgent measures to ensure economic security for the period of martial law) of 23 January 2024, to raise the issue of personal responsibility for this with Prosecutor General Andriy Kostin within three months.
The Manifesto 42 public movement was established in June 2023. The movement's goal is to protect Article 42 of the Constitution, which guarantees the right to entrepreneurship.
As noted on the movement's website, Manifesto 42 consolidates the efforts of citizens, organisations, businesses, and public authorities to ensure progress in three areas:
- To create an infrastructure for prompt response of the authorities, media, public and international community to the aggravation of the problem of raiding and other forms of pressure on business.
- Create instruments of public condemnation and personal responsibility for those involved in raider attacks and other forms of pressure on business.
- For the duration of martial law, ensure that all forms of pressure on business by state law enforcement agencies and other authorities in matters not related to national security are legally restricted.
