The head of the Specialized Anti-Corruption Prosecutor’s Office (CFG), Oleksandr Klymenko, decided to cancel the decision to close the so-called “Rotterdam + case” as illegal and unfounded, the SAP press service reports.
It is noted that Klymenko also completely changed the group of prosecutors in this case due to ineffective supervision over compliance with laws during the pre-trial investigation.
“Such decisions were made based on the results of studying the case materials, a thorough study of the findings of prosecutors during the closure of this criminal proceeding, and the results of a meeting with the participation of prosecutors and detectives from the National Anti-Corruption Bureau of Ukraine, who carried out the pre-trial investigation,” the report explains.
It is specified that the head of the SAP revealed “numerous inconsistencies in the conclusions and arguments of the prosecutor when closing this case, the incompleteness of the study of the case materials by the prosecutor, the inconsistency of the prosecutor’s conclusions with the actual circumstances of the criminal proceedings.”
“This means that further decisions on this case will be made by the renewed composition of prosecutors in full compliance with the requirements of the Criminal Procedure Code,” the SAP stressed.
They recalled that on September 21, 2022, the Appeals Chamber of the Supreme Anti-Corruption Court (VAKS) completed consideration of the appeal against the ruling of the investigating judge of the Supreme Anti-Corruption Court dated October 13 of the same year to refuse to satisfy the complaint against the decision to close criminal proceedings.
Based on the results of the consideration, the collegium of the court partially canceled the decision of the investigating judge and closed the proceedings on complaints from representatives of Nikopol Ferroalloy Plant JSC and Zaporozhye Ferroalloy Plant JSC against the decision of the SAPO prosecutor to close criminal proceedings dated March 24, 2017.
“The SAP is awaiting the full text of the said court decision. The legal position of the court set forth in the full text of the decision will be taken into account in the further pre-trial investigation and decision-making on the case. At the same time, the illegality and groundlessness of the prosecutor’s decision to close this proceeding does not cause any doubt,” the prosecutor’s office concluded.
