Court permits PGO to receive documents from NSDC on issuance of passports of foreign states to residents of western Ukraine, Russia-occupied Donbas
Ukraine Military Prosecutor's Office is conducts an investigation into the mass issuance of Hungarian, Romanian, Polish and Russian passports to residents of the western regions of Ukraine and Russia-occupied areas of Donetsk and Luhansk regions.
The Main Military Prosecutor's Office of the Prosecutor General's Office (PGO) is providing procedural guidance in the pretrial investigation in criminal proceedings of June 3, 2019. They are being carried out by the Main Investigation Department of the SBU State Security Service under Part 1 of Article 14 and Part 2 of Article 110 of Ukraine's Criminal Code (preparation of an encroachment on the territorial integrity of Ukraine, by prior conspiracy by a group of persons combined with incitement of national hostility).
Investigators are examining information about the mass issuance of passports of citizens of Hungary, Romania, Poland and Russia, respectively, to residents of the western regions of Ukraine and Russia-occupied areas of Donetsk and Lugansk regions, "which could further threaten the territorial integrity and sovereignty of Ukraine by strengthening autonomist and separatist sentiments among compatriots (creation of national-territorial autonomies on a national basis, individual constituencies in places of compact residence of ethnic citizens, educational systems in minority languages, etc.)," the case materials say.
As indicated in the document, the investigation had a need to obtain temporary access to documents of the apparatus of the National Security and Defense Council (NSDC), which contain information on the mass issuance of passports and "on planned measures to eliminate such real or potential threats."
In accordance with the decision, on September 26, Pechersky District Court of Kyiv allowed the Prosecutor General to receive the necessary documentation from the NSDC for the period from April 7, 2014 to September 26, 2019.
Investigators of the military prosecutor’s office will be able to access incoming and outgoing documentation that came from the Main Intelligence Directorate of the Ministry of Defense, the State Border Service, the Foreign Intelligence Service, the SBU and the Interior Ministry (National Police) and other government agencies with information about mass issuance of passports of citizens of Hungary, Romania, Poland and Russia.
Access is also open to documents that the NSDC sent to the President's Office, the Cabinet of Ministers and central executive bodies and law enforcement agencies, as well as to transcripts of meetings of the NSDC since 2014 and written decisions.
The court decision is valid for 30 days from the date of adoption and is not subject to appeal.
In case of failure to comply with a court decision, an additional decision is possible for conducting a search at the NSDC.