Where is 120 million for minister: 7 pledge issues as a preventive measure

Photo: asmund.com.ua

Being under investigation, Viceremier-Minister and Minister of National Unity Alexey Chernyshov continues to perform his duties. The Supreme Anti -Corruption Court refused to dismiss a respectable person suspected of abuse of office and receiving undue benefits at the previous place of work. However, suspicion is not a prosecution. The key to the obedient behavior of the traveler must be a pledge of 120 million hryvnias, which he himself was in a comment He called journalists “too big”, complaining about limited access to their accounts.

However, the world is not without good people, pledge is made who these good people are below. What is the purpose of these millions where they are and what can happen to them – in questions and answers Briefly about.

1. Why are the pledge? The pledge is not a punishment, it is a preventive measure appointed by the investigating judge. In setting the funds, the suspect, the accused or the defendant guarantees that he will fulfill his obligations: to appear in time to call the investigator, not to travel outside the city, region or country without the permission of the investigator, not to communicate with people who are in one way or another related to him in a criminal case.

The pledge is prescribed in crimes that are not related to violence, drugs, the harm of defense and state sovereignty. European practice is such that a person who is not public danger is more economically and humanely to keep self -servicing than in prison at a state expense. Usually pledge is prescribed as an alternative to preventive imprisonment in a pre -trial detention center: you want – put money, do not want – sit down. But it can also serve as an independent preventive measure that we see in the example of Chernyshov. In large corruption cases, this is a rare case.

2. What will happen in case of breach of conditions? There is no absolute guarantee. The investigator can escape how it happened, for example, with the late ex -rector of the Tax Academy Peter Melnik. He was on house arrest, dropped his electronic bracelet and wandered abroad. While the person involved in the run, the court decided to take him into custody, but also appointed UAH 23 million. Calculation: If the fugitive is caught and he will run away, at least will leave his money to the state. In case of violation of the collateral, the funds are confiscated in the honest word.

The precautionary measure is appointed for 60 days, after which it may be extended, canceled or modified. The investigator has the right to appeal to the court to reduce the amount of collateral, the prosecutor – to increase or change the preventive measure to a harsher due to violation of the pledge conditions. For example, if the suspect has incited witnesses to speak in his favor or ignored the calls to NABU or police.

3. Why can strangers make a pledge? Thus, the Criminal Procedure Code is provided that both his / her relatives, friends, other guarantors – individuals and legal entities can make a pledge for the investigator. It is taken into account that the person to whom the measure of restraint was applied may have blocked bills or relatives sell all the property quickly. Then their money is laid by the guarantors and they are already at risk. The funds of the guarantors are also subject to confiscation in the event of a bail.

The guarantors may not act as legal entities of state and communal property and persons who have a share of such property in the authorized capital.

In our case, his wife, who made 10 million, marketing Dima Bedya Marketing Group of companies – 44 million, LLC “Zorravto Thor” – 66 million.

The pledge for Alexei Chernyshov was made by his wife and strangers. Photo: Public News/Alexey Arunyan

4. Do they check the legitimacy of collateral? And so, and no. There is no law in Ukraine, which would oblige law enforcement or financial authorities to monitor the origin of money that is laid for the investigative. A weak attempt to take something to take such deputies in 2020, but the bill proved to be short -lived and was removed from consideration.

The bribes, which the official has passed until they grabbed the hand, or “kick” for illegal equipment, can also serve the pledge. However, there is a risk: if the amount of the collateral is clearly knocked out of the declaration of an official or does not coincide with the legal earnings of the entrepreneur, the origin of money is entitled to check. If they are declared illegal, they will be confiscated and another preventive measure will be elected to the suspect.

Therefore, the “I lay for a friend” scheme can be used to give the pledge a legitimate appearance. This can be the case: “customers” of an official with legal business make funds for him, and he gives them debt from his shadow capital.

The media publications emphasize that 10 million hryvnias from Chernyshov’s wife are invested in the Minister’s declaration. As for the remaining millions, intrigue is ripe. The DIM Development Investor Maxim Krippa initiates an official investigation into Daria Bedy’s guarantee. And the head of the company “Foravtor Thor” told reporters “Scheme” that “for the first time he hears” about money for the minister.

5. How is the pledge size determined? Another interesting question. In Art. 182 of the Criminal Procedure Code there are clear criteria tied to the subsistence minimum for able -bodied persons. According to articles, which are accused of Chernyshov, it is from 80 to 300 pm: 242 240 – 908 400 UAH. Where did more than 120 million come from?

The same Code allows the court to go out of the framework in exceptional cases. What this is not specified for cases, instead, more blurred criteria are recalculated, which should also be guided:

• Circumstances of a criminal offense,
• property and marital status of the suspect,
• Other data about his personality,
• risks (hiding from organs, pressure on witnesses, destruction of evidence).

Referring to the results of the examinations, the investigation often substantiates the amount of collateral the amount of undue benefits and the damage caused to the state. There may be additional circumstances, hidden – not yet investigated damage, the role of a person in business or in politics, etc. In fact, the calculation of the size of the pledge is a fairly free mathematics that has in the last 15 years a tendency to increase zeros.

The amount of collateral can be appealed at a higher instance. It is not yet known whether the incident Viceremier will appeal, but this practice is established and is partly successful. Fresh example: On July 2, the Chamber of Appeal of the Supreme Anti -Corruption Court reduced the amount of collateral for Alla Kirilenko – the wife of the suspect in the illegal enrichment of the AMCU chairman Pavel Kyrylenko 37 times: from 9 million to 242 thousand hryvnias.

Igor Kolomoisky, for example, has been reducing the amount of collateral several times – but he claims that he is still unable to pay. Photo: public

6. What does the pledge look like and where it is stored? The pledge is paid to a special account of the court, which has appointed it as a preventive measure. Money can be transferred from a bank account or in cash. After that, it is necessary to apply to the territorial department of the State Judicial Administration with a statement of confirmation of bail. After checking, a relevant certificate that must be stored to the finals of the case is issued.

Once again, we will emphasize that the pledge is not a fine. Its effect is terminated with the termination of the measure of restraint. This is when the court has so decided or a person closed criminal proceedings, a conviction or indictment was issued.

Money should be returned in the same way that was made in cash through the mail or to the bank account from which they received – within five days after writing the application.

In case of prosecution, the pledge may be fully or partially transferred by the court to execute the sentence for compensation for material losses. But this applies only to the money that the convicted person made for himself. The money of outsiders is certainly returned and can be transferred to property penalties only in case of their consent.

The case law shows that during the process, the defendants can return their own pledge or put part of it on a special account of the Armed Forces, which is taken into account when issuing a sentence.

Source: kp.ua