The fraction of Party of Regions will appeal in the Prosecutor General's Office to bring criminal case against the prime minister - the minister Yulia TYMOSHENKO and the head Glavny Control - Nikolay SIVULSKY'S auditing management for slander.
About this UNIAN reported in a press - service of Party of Regions with reference to the People's Deputy Elena of LUPO to opinion of the People's Deputy, in Yu. Tymoshenko and N. SIVULSKY'S actions there are signs of the crime provided by part of the second article 383 of the Criminal code of Ukraine "Obviously inveracious message on commission of crime".
She noted that such actions combined with charge of the person in heavy or especially serious crime, or with artificial creation of proofs of charge, and also made of mercenary motives, are punished by freedom restriction for a period of two till five years or imprisonment for the same term. "The corresponding application for initiation of legal proceedings from People's Deputies will be submitted to the Prosecutor General's Office of Ukraine today", - E. Lukash emphasized.
She noted that the Party of Regions can't appeal in court "against that vicious position which, according to SIVULSKOGO, is reflected in the act of CREWE concerning activity of "Ukrzaliznytsi", "Energoatom", "Naftogaz", as a whole the government because the act isn't subject to the judicial appeal and has no binding character". "It is a mere verbiage which can't be disproved for today", - she told.
E. Lukash explained it to that taking into account the jurisprudence which has developed throughout the last years, the act of the government or other body including CREWE, is a legal form of decisions of these bodies, that is the official written document which attracts the certain legal consequences, directed on regulation of these or those public relations and has a binding character for subjects of these relations. Thus, I noted the People's Deputy, feature of the appeal of acts of government bodies is that acts of audits, documentary checks, the actions of officials made in process or by results of checks and so forth as these acts have no binding character can't be appealed in court.
E. Lukash noted that, thus, the facts of identification of probable violations of the current legislation during audit by employees of GLAVKRU are their personal opinion, but they have to prove their validity and legality in accordance with the established procedure in law enforcement agencies and in court.
She noted that the published statements about allegedly identification of GLAVKRU of abuses are calculated on the sum of 10,2 billion hryvnias what to disprove them in a judicial order it is impossible until appropriate authorities don't realize these materials in the form of decisions which will have a binding character, or law enforcement agencies won't make the decision as criminal legal proceedings.
"Above stated, obviously, testifies to deliberate character of the published statement, breaks the constitutional principle of a presumption of innocence and actually deprives at this stage of opportunity to appeal in a judicial order against the conclusions stated in acts of audits", - E. Lukash told.
In her opinion, it is made to distract public attention from a large-scale political and economic crisis in the state. E. Lukash noted that on consideration and decision-making in GPU, according to article 97 Criminally - the procedural code 10 days are taken away. "We will hope that we will in due time receive the corresponding lawful reaction of the Prosecutor General's Office", - she told.
As reported the UNIAN, yesterday the chairman Glavnogo control - auditing management Nikolay SIVULSKY called officials who, according to the conclusion of department, are responsible for the financial violations allowed by the state monopolies in the second half of 2006, and also in 2007. In particular, for the violations revealed in NAK Naftogaz Ukrainy (2,2 billion UAH), the former Minister of Fuel and Energy, the chairman of NAK Yury BOYKO and his assistant Victor VORONIN answer. Responsible for violations in the company NAEK "Energoatom" (3,6 billion UAH) N. SIVULSKY designated ex-the head of NAEK, and now the People's Deputy from Party of Regions Andrey DERKACHA, for violations in coal branch (2,4 billion UAH) - ex-the minister of "Ugleprom" Sergey TULUBA, for abuses from outside "Ukrzaliznytsi" (2 billion UAH) - ex-the Minister of Transport Nikolay RUDKOVSKY and the head of department Vladimir KOZAK.
Thus the prime minister - the minister of Ukraine Yulia TYMOSHENKO reported that the government sent all acts of checks Control - auditing management to the Prosecutor General's Office. "And I personally take under control of action of the Prosecutor General's Office concerning initiation of criminal cases and response of the Prosecutor General's Office to these enormous crimes. The Party of Regions without money didn't leave the power, and 10,2 billion UAH is that officials" took them, - she explained.