HACC’s Appellate Chamber upholds Chernyshov's pretrial detention measure: arrest or bail of UAH 51.6 mln
The Appellate Chamber of the High Anti-Corruption Court (HACC) upheld the preventive measure against former Deputy Prime Minister Oleksiy Chernyshov, who is suspected of illegal enrichment.
As an Interfax-Ukraine correspondent reported, the panel of judges of the High Anti-Corruption Court (HACC) dismissed the defense's appeals against the HACC's November 18 decision regarding the application of a preventive measure in the form of detention against former Deputy Prime Minister Chernyshov with the alternative of bail of UAH 51.6 million.
At the same time, the court overturned Chernyshov's obligation to surrender his Ukrainian citizen's passport to the State Migration Service for safekeeping.
During the hearing, the defense insisted that the charges were unfounded, as there was no real evidence of Chernyshov's acquisition of the assets cited in the illicit enrichment allegations. The defense also stated in its presentation that, in its view, the risks raised by the prosecution, such as influencing witnesses, possible destruction of evidence, and the risk of escape, were irrelevant and unsubstantiated.
In this regard, the defense requested that the first-instance decision on pretrial detention be completely overturned. The prosecution, meanwhile, insisted on the validity of the High Anti-Corruption Court's decision and requested that it be upheld.
"This case concerns potential embezzlement at Energoatom. This case has absolutely nothing to do with me. I haven’t had, do not have, and do not plan to have any connection to Energoatom. Therefore, I believe this case is far-fetched in relation to me," Chernyshov said during his court appearance.
He also believes that there are no legal grounds for his accusation and sees political pressure behind it.
As reported, on November 10, the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor's Office (SAPO) reported on a large-scale operation to expose corruption in the energy sector, which was called "Midas." The activities of a high-level criminal organization were documented, the participants of which built a large-scale corruption scheme to influence strategic state-sector enterprises.
On November 14, the NABU and SAPO served former Deputy Prime Minister Chernyshov with a request to choose a preventive measure in the form of detention.
According to the investigation, the former employee was among the visitors to the so-called "laundry" - a place where funds obtained by criminal means were legalized. In particular, this facility was under the control of the head of a criminal organization exposed by NABU and SAPO the day before. Detectives documented the transfer of over $1.2 million and almost EUR100,000 in cash to the suspect and his proxy. The action is classified under Article 368-5 (illegal enrichment) of the Criminal Code of Ukraine.
On November 18, HACC chose a preventive measure in the form of detention with the alternative of bail in the amount of UAH 51.6 million for Chernyshov, suspected of illegal enrichment. On November 19, bail was posted.
After posting bail, Chernyshov was assigned the following obligations: to appear before law enforcement officers and the court upon first request; not to leave the Kyiv region without the permission of detectives, prosecutors and the court; to report a change of residence; refrain from communicating with Tymur Mindich, Alexander Zukerman (named also spelled Tsukerman and Tsuckerman) and other persons involved in this investigation; surrender all foreign and domestic passports; wear an electronic bracelet. These obligations will be in effect for two months from the time of release from custody if bail is posted.
On November 24, Chernyshov appealed the decision of the Supreme Court of Criminal Appeals regarding the preventive measure