The case of the mayor of Irpen Markushin. Six months of justice on pause

Half a year ago, on January 23, Irpen Mayor Alexander Markushin became an official suspect. Formally – for an alleged violation of the law “On the intersection of the state border”. In fact, because it has not become convenient for its political opponent and the largest developer of the Kiev region.

During these six months, we have received a visual instruction how political persecution looks like a criminal case.

How logic works, where the goal is higher than the law. And how easily the courts turn from arbitrators to a tool in the hands of those who have the influence of pressing “buttons”.

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It’s not just about one mayor. This is a story about how fragile our justice system is.

Chronicle of the absurd: As the mayor was eliminated The chain of events in the Markushin case resembles a badly strained performance, where each subsequent action contradicts the previous one.

• Arrest and illegal detention center. On January 24, the Judge of the Pechersk Court Svetlana Grechan sends Marques in custody, appointing an unbearable pledge of over UAH 30 million. Later, the appeal recognizes this decision illegal and cancel it. But for 11 days Markushin has already spent the lattice. Eleven days that should not be.

*Markushin-a single father, raising a 4-year-old son. Natalia’s wife died of Covid complications in 2020, shortly after childbirth.

• 165 days without authority. On January 27, the same Judge Grechan removes him from the post of mayor. This decision, without real justification, was automatically continued until June 20. 145 days, the city that survived the occupation remained without the mayor, which the community entrusted in the democratic election, which remained with the community during the fighting and was the commander of the Irpen territorial defense.
• The cynical attempt to remove No. 2. On June 23, investigators of the DBR again ask the court to remove Markushin from work. At the same time, they confidently ignore the direct norm of the Criminal Procedure Code: it is forbidden to re -apply with the same content.
• Justice in a few hours. On July 3, Judge Tatiana Gurtova satisfies this “new” petition. And now – attention. In the morning in court, prosecutors of the Kyiv City Prosecutor’s Office swear that they must be eliminated by the mayor, as they plan to remove documents in the Irpin City Council and interrogate witnesses. But within a few hours – the same day – the DBR investigators report: pre -trial investigation … Completed.

What has changed during this time? Nothing. In addition to being achieved.

The apogee was the decision of July 22: Judge Grechana continues to be removed by Markushin again. Already after the official completion of the investigation. Why? The question is rhetorical.

Lawyers’ Conclusions: The case is sewed with white threads We are not just emotionally evaluating this process. The defense has received a scientific and legal conclusion from leading Ukrainian scientists in the field of criminal law.

Their conclusions are unambiguous: the position of the prosecution does not withstand criticism. The legal justification for suspicion is superficial, internally contradictory and directly contrary to the rules of the law.

Moreover, there is no criminal offense in the actions of Markushin.

In simple words, the matter is falling apart even during superficial analysis.

Why is it up to everyone Criminal prosecution, which looked as custom from the outset, has become increasingly open to the use of law enforcement and judicial systems for political purposes.

And this creates a dangerous precedent.

If it is so easy today, contrary to the law, to remove from the post of mayor of the hero city, then tomorrow in his place may be any other chosen official who became “inconvenient”.

This destroys Ukraine’s security from the inside. This destroys the confidence in the elections, the courts and the state itself.

In order to prevent the final destruction of trust in state institutions, we have addressed the prosecutor General’s request to check the circumstances of the case and prevent the next politically motivated case to the court, which discredits the law enforcement and judicial system. And we believe that right now is the moment when the Prosecutor General can give a clear signal: political repression has no place in the rule of law.

Our team continues to defend Alexander Markushin. But in fact, we protect a little more – the right not to be a victim of a system that turns the law into a pressure tool. And it is a struggle that concerns each of us.

Pavel GoncharenkoWhite-Collar Crime, Compliance and Investigation Lawyer, Miller’s Law Company and Investigations

A column is a material that reflects the author’s point of view. The text of the column does not claim the objectivity and comprehensive coverage of the topic that rises in it. The editorial board of “Ukrainian Truth” is not responsible for the accuracy and interpretation of the information provided and plays only the role of the carrier. The point of view of the UP editorial board may not coincide with the point of view of the author of the column.