The court of Kharkiv has satisfied the petition of protection ex-mayor of Slavyansk, Donetsk region Neli Shtepa about the definition of jurisdiction.
Kominternovskiy district court of Kharkov on Monday has satisfied the petition of protection ex-mayor of Slavyansk, Donetsk region Neli Shtepa about the definition of jurisdiction.
“Today the court continued the preliminary hearing and reviewed a number of petitions that had been filed earlier, including our direction (case – approx.ed) in the court of appeal Kharkiv region to determine jurisdiction. On our motion the court granted,” – said the lawyer N. Shtepa Dmitry Marchenko.
He also said that the court scheduled the next hearing for March 27 this year.
Earlier D. Marchenko said that from the point of view of protection, the case should be heard in Slavyansk . “The law clearly defines: a business must obey where the offence was committed, alleged accused, where the majority of witnesses. In our case it is Slavyansk”, – said Dmitry Marchenko.
As reported, N. Shtepa was arrested on July 13, 2014 She’s accused of committing criminal offenses under part 3 of article 110 (encroachment on territorial integrity and inviolability of Ukraine, which caused death of people) and part 1 of article 258-3 (creation of terrorist group or organization) of the Criminal code of Ukraine.
5 November 2014 the Board of judges of the Chervonozavodsky district court decided to forward the proceedings in the prosecution of N.Stay in the appellate court of the Kharkiv region to appeal to the High specialized court of Ukraine (VSSU) for consideration of civil and criminal cases to determine jurisdiction.
In the reasoning of the decision the court referred to the fact that the crimes incriminated to N. Shtepa, were committed on the territory of Slavyansk (Donetsk region), i.e. not within the territorial jurisdiction of the Chervonozavodsky regional court of Kharkov. In addition, the witnesses in the case live in Slavyansk, and if they have to go to court in Kharkiv, it can lead to tightening of terms of consideration of the case. The Supreme court issued a ruling on the proceedings against N. Stay in Chervonozavodsky district court of Kharkiv.
4 February 2016, a decision was made about the beginning of judicial review over with under preparatory meeting in connection with the change in the composition of the panel of judges. (Instead of Chairman Denis Chudovsky, who was dismissed by the decree of the President of Ukraine Petro Poroshenko for illegal decisions against the activists of the revolution of Dignity, was appointed Viktor Yezhov. But judge Marina Mindarie (due to permanent illness) replaced the Svetlana Kalichuk) V. Ezhov was appointed judge Chervonozavodsky district court of Kharkiv in April 2015, prior To that, he worked in the district court of Makeyevka (Donetsk region).
26 Jan 2017. at the next meeting of the Chervonozavodsky district court of Kharkiv on the case in relation to N. Shtepa, the state Prosecutor said the withdrawal of the presiding judge Viktor Yezhov, as they became aware of criminal proceedings against him under part 1 of article 258-3 of UK of Ukraine (creation of terrorist group or organization), registered on SBU materials. After receiving information about the started investigation, N.Yezhov said rejection. On the same day a panel of judges granted the petition of state charge for withdrawal V. Yezhov and his rejection.
The defence filed a petition for determination of jurisdiction. The court of appeal of the Kharkiv region issued a ruling on the proceedings against N. Shtepa Kominternovsky district court of the city.