11:11 07.11.2017

Kolmohorov case shows need to return activities of military justice – MP Friz

3 min read
Kolmohorov case shows need to return activities of military justice – MP Friz

Bloc of Petro Poroshenko MP Iryna Friz has said in the context of the case of a serviceman of the 79th border detachment of the Black Sea regional department of the State Border Service, Serhiy Kolmohorov, that it is necessary to regulate the activities of military justice by law.

"I think that the decision by the court of first instance and the appellate court to sentence the serviceman to 13 years in prison is a daring treatment of the law, the essence of the case. I'm sure that even a first-year student of the law faculty, after studying the materials of the case, the claims of the prosecution and the verdict, understood that this case is thinly veiled," she said live on the Priamy TV channel.

She expressed hope that the Security Service of Ukraine (SBU) would determine the reason for the sentencing of a serviceman who carried out an order of his commander and acted in accordance with the charter.

"Such precedents do not add public confidence in the judicial system, which is why it is now necessary to reform it decisively. From my point of view, it was the case of Serhiy Kolmohorov that showed the need to return to the legislative settlement of military justice activities. Civilian courts have not right and should not bring in verdict or make decisions in military cases," Friz said.

As reported, in September 2014, Kolmohorov, carrying out an order, used weapons to stop a car, killing a passenger.

On November 15, 2016, the Prymorsky District Court of Mariupol found Kolmohorov guilty of committing crimes under Part 1, Article 115, Part 3, Article 365 of the Criminal Code of Ukraine and sentenced him to 13 years in prison, depriving him of the right to hold posts of a representative of law enforcement agencies for three years and stripping him of the military rank "senior soldier."

Donetsk Regional Court of Appeal upheld the verdict of the court of first instance.

On November 6, the Higher Specialized Court for Civil and Criminal Cases sent the Kolmohorov case for a new trial to a court of first instance and released him from custody. Thus, the court granted the complaint of Kolmohorov's lawyers.

The case will be heard in a court of first instance in Mariupol.

The head of the investigative department of the Chief Military Prosecutor's Office, Vitaliy Panchenko, said that Kolmohorov had not been recognized as innocent by the decision of the Higher Specialized Court.

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