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13.12.2002

Again about Boris Feldman’s case

   

Press release of the attorney firm „Aggev, Berezhnoy and partners“ On 27 August 2002 the Appeal court of the Lugansk oblast started to consider the appeal of B. Feldman against the verdict of the Artemovskiy district court of Lugansk. We published the new version of the appeal on our site http://www.ageyev.org/cases/feldman/appeal/appeall 20.08.02.htm. The appeal was changed according to Article 355 of the Ukrainian Civil-Procedural Code and handed on 20 August 2002. We also published the texts of the appendices to the appeal:

http://www.ageyev.org/cases/feldman/appeal/dopoln01frame.htm  Boris Feldman is defended by advocate Viktor Ageev, Maria Yeremeeva, Andrey Fedur and Vladimir Prikhodko. The state accusation is supported by prosecutors Sergey Burdeyny and Valentina Nudko. The case is considered by the collegium consisting of three judges of the appeal court: judge Zaporozhchenko (the chairperson), judges Kozhushok and Bozhko.

In the beginning of the court sitting Boris Feldman estoped against the prosecutors Burdeyny and Nudko. His motive was that the prosecutors committed procedural felonies, when the case was considered by the first instance. In particular, they endorsed the accusation of the actions, which are not crimes, thus committing a crime themselves defined by Article 372 of the Criminal Code of Ukraine: „bringing of obviously innocent to criminal responsibility. Feldman stated that he had expressed the demand to start a criminal case against these prosecutors in the court of first instance. The estop was supported by the defenders, who, in particular, said that the prosecutors fairly well understand what they were doing. The court rejected the estop.

Boris Feldman also addressed the court the petition about the preliminary consideration of the case by the appeal court in order to prepare the case for consideration. This petition was supported by his defenders, who also declared that, since not all volumes of the criminal case were passed by the first instance court to the appeal court, the consideration of the case is impossible until all the documents would be collected.

Besides, B. Feldman and his advocates handed the appeal court a copy of the decision of the Supreme Court of Ukraine of 30 May 2002 (http://www.ageyev.org/cases/feldman/156/ supremecourt30.05.2002.htm). This decision read that from 13 March 2001 to the present time the legal grounds for keeping Feldman under custody are absent. This decision of the Supreme Court was approved by the complete composition of the judicial chamber in charge of civil cases, is final and may not be complained against. The facts established by this court decision are regarded as proven. Thus, the Lugansk appeal court must release Boris Feldman immediately. The corresponding written petition has already been handed to the court.

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On 28 August 2002 the appeal court of the Lugansk oblast rejected the petition of Boris Feldman about conducting the preliminary consideration of his case, in the course of which a number of questions must be considered concerning the proper preparation of the case for the court hearing, in particular the question about releasing B. Feldman.

In spite of prosecutor’s protests the court satisfied the petition of the defenders and permitted to carry out video filming, photography and audio recording in the courtroom. Thus, journalists at last got the opportunity to work in the courtroom and to fix the proceedings.

The court heard the explanations of Feldman and a representative of the state prosecution about releasing B. Feldman, then the break was announced till 29 August. At the sitting on 29 August the court must hear the speeches of the defenders.

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