The prosecutor withdrew from the Pechersk District Court of Kyiv a motion for pretrial detention regarding a suspect in case No. 22016130000000212, which involves former president Petro Poroshenko.
However, the State Bureau of Investigation said that it does not concern the former president.
According to the ruling, the court received a motion from senior investigator for especially important cases of the Main Investigative Department of the SBI, Maksym Dzvonyk, seeking pretrial detention for the suspect.
However, before the hearing began, the prosecutor filed an application to return the motion “for revision.”
The investigating judge, who examined the case materials and the prosecutor’s application to return the motion, concluded that the Criminal Procedure Code does not provide for returning a motion at the request of an investigator or prosecutor.
He decided to follow the principle of dispositiveness in criminal proceedings (dispositiveness means the free exercise by parties to criminal proceedings of their substantive and procedural rights — for example, the right to present or not present evidence, to give testimony or refuse to testify, to file motions or not — ed.) and decided to return the motion.
The court ruling states: “The investigating judge ruled: Return the motion to the prosecutor. The ruling is not subject to appeal.”
However, the SBI denies that this concerns the withdrawal of the motion regarding Petro Poroshenko.
The SBI said: “The State Bureau of Investigation notes that the information published today about the alleged withdrawal from the Pechersk District Court of Kyiv on December 29, 2021, by an SBI investigator of a motion for pretrial detention against the fifth president of Ukraine does not correspond to reality.”
The agency noted that “the above information does not correspond to reality, and the said procedural decisions were not made.”
The bureau recalled that Poroshenko is suspected of treason and of aiding the activities of terrorist organizations “LPR/DPR,” and that he was notified of the suspicion on December 20.
In response to a clarifying question from UP, the SBI said the investigator’s motion concerns another suspect, not Poroshenko, but did not name that person.
According to the SBI, the suspects in case No. 22016130000000212, dated 19.09.2016, are former energy and coal industry minister Volodymyr Demchyshyn (there is a court authorization for his detention), People’s Deputy Viktor Medvedchuk (under house arrest by court decision), businessman Serhiy Kuzyara (arrested at the end of September), and People’s Deputy Petro Poroshenko.
As a reminder, the fifth president of Ukraine and leader of the European Solidarity party, Petro Poroshenko, had been served with suspicion of treason and aiding terrorists.
He was summoned for questioning on December 23. Poroshenko, who is abroad, said he would return to Ukraine only in the first half of January. The Office of the Prosecutor General agreed to the motion to impose a preventive measure on the ex-president in the form of arrest with the option of posting bail of UAH 1 billion.