14:25 11.05.2016

Supreme Court upholds ruling to cancel Rada resolution allowing arrest of MP Mosiychuk

3 min read
Supreme Court upholds ruling to cancel Rada resolution allowing arrest of MP Mosiychuk

The Chamber on Administrative Cases of the Supreme Court of Ukraine has dismissed the complaint of the Verkhovna Rada against the ruling of the Higher Administrative Court of Ukraine to invalidate and cancel the parliamentary resolution on giving consent for the criminal prosecution and arrest of Radical Party MP Ihor Mosiychuk.

The corresponding ruling was passed by the Supreme Court Chamber at its meeting on Tuesday, an Interfax-Ukraine correspondent reported.

Mosiychuk sees the judgment as another step towards the restoration of justice for himself. He is also convinced that this decision will become the basis for the prosecution of representatives of the Verkhovna Rada and former prosecutor general Viktor Shokin in the future.

In turn, Mosiychuk's lawyer Leonid Sivakov noted that there were no longer any grounds for the further prosecution of Mosiychuk, provided he voluntarily renounced his immunity from prosecution. The defense lawyer referred to rulings by the European Court of Human Rights, which passed similar judgements, for example, against a citizen of Turkey.

Former prosecutor general Shokin asked the Verkhovna Rada at the parliamentary session on September 17, 2015 to remove Mosiychuk's immunity. The prosecutor general also presented to the parliament a video recording in which Mosiychuk, among other things, tells his companion how much lawmakers charge for making an official query.

It was reported earlier with reference to the Ukrainian Prosecutor General's Office that the charges brought against Mosiychuk included 'accepting a proposal, promising, or receiving an unlawful benefit by a public official', 'disorderly conduct', 'a threat or violence in relation to a public official or a citizen performing a public duty', 'interference in the activities of judicial bodies', and 'a threat or violence in relation to a judge, a people's assessor, or a juror'.

On September 18, 2015, the Pechersky District Court in Kyiv ruled to take Mosiychuk into custody pending trial for at least 60 days. Subsequently, the Court of Appeal of Kyiv upheld the ruling of the Pechersky District Court. Mosiychuk's detention expired on November 15. His colleagues immediately transferred him from hospital emergency ward to the National Institute of Surgery and Transplantation named after Shalimov for surgery. Mosiychuk is free.

On November 17, the Higher Administrative Court invalidated the Verkhovna Rada's decision to strip Mosiychuk of his immunity and give permission for his arrest. The parliament declared its intention to appeal the ruling of the Higher Administrative Court. It became known on November 27 that the Supreme Court received an appeal by a third party against the ruling of the Higher Administrative Court regarding Mosiychuk.

In March of 2016, the Chamber on Administrative Cases of the Supreme Court of Ukraine, while considering Mosiychuk's case, decided to ask the Supreme Court Plenum to send a query to the Constitutional Court regarding the interpretation of the norms of the law on Verkhovna Rada regulations on the procedure for prosecuting MPs.

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