Kuzmin: The criminal act is covered with parliamentary immunity

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Renat Kuzmin, the deputy public prosecutor told who and as protects the judges who have broken the law, and on what criminal cases is fulfilled the version about participation in crimes of the People's Deputy Bogdan Gubsky.

You is going to demand dismissal of 350 Ukrainian judges from one thousand of existing. How members of the Supreme Council of justice accepted your idea of removal from a position of chairmen of the courts and their deputies?

It is my principled stand. And not only mine, by the way. I remind that else in July, 2007 the temporary commission of inquiry of the Verkhovna Rada recognized Judicial council actions to destination to administrative positions illegal. The position of the judge of the Constitutional Court of Ukraine Brintseva V.D. stated by it in a dissenting opinion to the decision of the Constitutional Court from 16.05.07 is very interesting in this regard. In it it is directly spoken: the main objective of judicial self-government - the solution of internal questions of vessels, but in any way appointment of judges to administrative positions.

If I am not mistaken, the order of appointment of judges to administrative positions can be established by the parliament decision.

Yes, but such resolution of the Verkhovna Rada of 30.05.07. "About a temporary order of appointment of judges to administrative positions" it was simply cynically ignored by the chairman of the Supreme Court and congress of judges. Moreover, the former chairman of the Supreme Court V. Malyarenko in 2005 in writing notified all judges of Ukraine on rules of transfer of administrative duties of the presiding judge in case of the termination of its powers. According to them, powers of the head of court respectively carry out: the first deputy chairman, the vice-chairman or the senior on age the judge. About what they are obliged to issue the corresponding order on court. It, by the way, a direct provision of the law of Ukraine "About judicial system of Ukraine" (the Art. No. No. 24, 28, 29, 41, 42 of the law). So, all appointments of chairmen as it "body of judicial self-government" are simply illegal and all such heads have to be dismissed. Therefore I made the offer on dismissal about one thousand such illegally appointed judges.

And how members of council of judges?

The following step - ideas of dismissal of judges - members of council of judges. Present, how many and what decisions it was taken out by such chairmen of the courts! And how many the salary is paid to these heads!

When the law regulating, who and how appoints chairmen of the courts will be adopted?

I think that soon such law won't be adopted. BYuT will make everything to keep an existing state of affairs. After all for anybody not a secret that the chairman of the Supreme Court - the former member of BYuT fraction. And further, I think, you shouldn't speak, and so everything is clear.

What is incriminated ex-to the chairman of the State Committee of land resources Vojvodina?

Voyevodin, being the head of committee, I made, according to the investigator, 12 crimes. Today it is excited as much criminal cases - on the facts of an abuse of power, office forgery. It illegally appointed and dismissed five people, gave commands to subordinates to forge documents. That is I compelled subordinate employees to execute obviously illegal orders. On our representation it discharged of a position. Subsequently he is dismissed from a post of the chairman of the State committee of land resources. Voyevodin was detained, however is released under the personal guarantee of six People's Deputies from BYuT later. Including under Bogdan Gubsky's guarantee. Investigation on business Vojvodina is ended, it is acquainted with case papers, and now results of investigative work are brought to trial.

On these affairs still someone was made responsible?

As the chief it one bears responsibility for all the acts. At the same time I want to tell that business Vojvodina is closely connected with business on Alexander Kapitonov's gang by nickname "Kapitoshk". Within these two investigations the version about participation in crimes of the People's Deputy Bogdan Gubsky is fulfilled. As for Gubsky, it is a separate subject. And today it is in a development stage.

How Bogdan Gubsky's deputy status is reflected in investigation of criminal cases on which it passes?

Gubsky long time wasn't to the investigator. To interrogate People's Deputies extremely difficult. These are very difficult people and possess, according to them, small quantity of time.And without consent of the Verkhovna Rada we have no right to deliver it forcibly to interrogation. As a result the usual criminal act is covered with parliamentary immunity. Therefore we send letters, we invite. While charge wasn't brought to Gubsky, he isn't interrogated as the suspect, there is no consent of parliament to attraction it to responsibility.

The chairman of SBU declared recently that according to his data, the judge Zvarych is in borders of Ukraine. You have similar data?

The SBU works in structure is investigative - task force. While we have no exact data on finding of Zvarycha.

Why other judges aren't discharged of positions Lvov админсуда still?

Because everything is tied on one person - Zvaryche. Present a situation: there is a chief in court at which there are a lot of subordinates. It carries out any orders, gives to employees an assignment to make the necessary decision for a certain remuneration. Or on the contrary, the judge was given money, he comes to the chief and speaks: here your share. And so, it is in that case very problematic without chief to prove fault of the subordinate. That Zvarych made not one - two crimes, and at all ten is the fact. We wrote some months the events in its office, beginning from carousals, finishing sexual life and receiving bribes. And it is the main figure which was responsible for distribution of the means received by an illegal way. Today the death of Zvarycha is favorable to many people. For example, to accomplices. He not only was "the financial dispatcher" in court. Through it some "dear people" laundered "dirty" money. Including received the considerable sums into the personal accounts.

Four years under examination is ex-the vice-chairman of Seaside court of Odessa Natalya Gandzy. The Verkhovna Rada repeatedly rejected idea of a capture it under guards. What steps will be taken by GPU in connection with the next refusal?

I in writing addressed to the chairman of the Verkhovna Rada Vladimir Litvin, to the leader of BYuT Yulia Timoshenko with a request to return to vote on this matter once again. Besides, I sent the similar letter to members of parliamentary committee on justice who didn't vote in a sessional hall for arrest Gandzy. I think, repeated vote will put the end to this question.

In your opinion why the chairman of the Supreme Court Vasily Onopenko before the last vote actually defended Gandzy and asked Rada to wait a little with its capture under guards?

It is a little options: it or it is simple on - human I regretted the woman, or him misled concerning a state of her health, than affected its legal position. Or it carried out will of the political management of BYuT. There is no wish to believe that the chairman of the Supreme Court - "roof" for corrupt officials.

At what stage there is a business of the head of Department of alcohol, alcohol and Igor Gonchar's tobacco (ex-the matchmaker president Yushchenko) whom accuse of receiving a bribe?

Business is almost ended. Today at a stage of the termination it is judicial - fonoskopichesky and criminalistic examinations. 400 thousand dollars which were found during a search on the apartment is the credit which was taken by the son in one of banks. This money it is seized.

There are news on the case of receiving a bribe by the head of Brovarsky district administration in the sum of 42 million dollars? How many people it is on this case detained?

Four accused are already arrested. Among them chairman of Brovarsky district administration, deputy chief of management of land resources of the same area and two their helpers. One more of suspects - the head of department of land resources of the Brovarsky area - now hides in Germany. This group extorted from the Syrian businessman Alkhadzh Yahya Ahmad of 38 million dollars for allocation of 36 hectares of the earth under construction of the cottage town. And I asked four million more dollars for 40 hectares of the territory in the same Brovarsky area. In the middle of December the businessman transferred the first part of a bribe in the size of 1,3 million dollars then suspects were on this case detained. On their property which is subject to confiscation (and it is cars, apartments, cash), it is seized.

Renat Kuzmin

I was born on July 12, 1967 in Donetsk.
In 1991 I graduated from the Ukrainian legal academy.
1984-1986 - the inspector of prosecutor's office of Donetsk region.
1988-1991 - the legal adviser.
1992-1994 - the deputy prosecutor of Leninsky district of Donetsk.
1994-1995 - the deputy prosecutor of Voroshilovsky district of Donetsk.
1995-1998 - Donetsk nature protection interdistrict prosecutor.
1998-1999 - the prosecutor of Kirovsky district of Donetsk.
1999-2003 - the prosecutor of Makeyevka.
2003-2005 - the prosecutor of Kiev.
2005-2006 - the deputy prosecutor of Kiev region.
Since September, 2006 - the deputy public prosecutor.

For what Kuzminanswered

Renat Kuzmin supervised criminal cases against ex-the Interior Minister Vasily Tsushko (for capture of the building of the State Office of Public Prosecutor), against the present Interior Minister Yury Lutsenko (from - for fights with the mayor Chernovetsky), against the Kharkov mayor Mikhail Dobkin and Gennady Kernes's city secretary. Now patronizes case of the Lvov judges - bribe takers.

Dmitry Orlov


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