Judge Lubianoy did not dare to pass to the Supreme Court of Ukraine the most part of the documents on Feldman’s case
15.12.2003
The Supreme Court of Ukraine demanded for consideration the materials of the criminal case from the Artemovskiy district court of Lugansk, which considered this case in the first instance. Stanislav Lubianoy, the chairman of the Artemovskiy district court, passed to the Supreme Court only 21 volume of the case materials out of 120…
The Supreme Court of Ukraine decided that the cassation complaints of Boris Feldman, the vice-President of the bank „Slavianskiy“, and his advocates agreed with laws and demanded for consideration the materials of the criminal case from the Artemovskiy district court of Lugansk, which had considered this case in the first instance.
Yet, when the case was received by the Supreme Court, it appeared that Stanislav Lubianoy, the chairman of the Artemovskiy district court, who had been heading the panel of judges that considered this case in the first instance, passed to the Supreme Court only 21 volume of the case materials out of 120…
At that the materials passed to the Supreme Court contained no decisions about bringing Feldman to trial as an accused, no protocols of interrogations of Feldman, no documents concerning the detention of Feldman and keeping him in custody, no documents about his familiarization with the materials of the case during the pre-trial investigation, no documents on the sequestration of the bank property and no information about what happened with this property during the investigation.
The appeal instance, which considered this case, was the Appeal court of the Lugansk oblast. This court was happier: it obtained from Lubianoy as much as 29 volumes! Yet, judges of the appeal court Zaporozhchenko (the head), Bozhko and Kozhushok did not study the case materials at all, they refused to conduct the pre-trial investigation and without any hesitations approved the verdict taken by their colleagues – the court chaired by Lubianoy.
Now the case reached the Supreme Court…
The case materials, and especially the decisions about bringing Feldman to trial as the accused, evidence that the actions imputed to Feldman are not crimes at all. The desire to conceal this circumstance made the courts to commit the unprecedented violations of the norms of criminal-procedural legislation.
Yet, the Supreme Court of Ukraine somewhat differs from the Appeal court of the Lugansk oblast, in particular, by the tradition not to consider criminal cases without case materials.
As it became known to the advocates of B. Feldman, the Supreme Court of Ukraine directed the repeated request to the Artemovskiy district court, in which it pointed out that the cassation instance had to get all materials, but not only those volumes that Lubianoy decided to send.
So, the case Boris Feldman and the bank „Slavianskiy“ is coming to a head…
Lawyers company „Ageev, Berezhnoy and partners“
Yet, when the case was received by the Supreme Court, it appeared that Stanislav Lubianoy, the chairman of the Artemovskiy district court, who had been heading the panel of judges that considered this case in the first instance, passed to the Supreme Court only 21 volume of the case materials out of 120…
At that the materials passed to the Supreme Court contained no decisions about bringing Feldman to trial as an accused, no protocols of interrogations of Feldman, no documents concerning the detention of Feldman and keeping him in custody, no documents about his familiarization with the materials of the case during the pre-trial investigation, no documents on the sequestration of the bank property and no information about what happened with this property during the investigation.
The appeal instance, which considered this case, was the Appeal court of the Lugansk oblast. This court was happier: it obtained from Lubianoy as much as 29 volumes! Yet, judges of the appeal court Zaporozhchenko (the head), Bozhko and Kozhushok did not study the case materials at all, they refused to conduct the pre-trial investigation and without any hesitations approved the verdict taken by their colleagues – the court chaired by Lubianoy.
Now the case reached the Supreme Court…
The case materials, and especially the decisions about bringing Feldman to trial as the accused, evidence that the actions imputed to Feldman are not crimes at all. The desire to conceal this circumstance made the courts to commit the unprecedented violations of the norms of criminal-procedural legislation.
Yet, the Supreme Court of Ukraine somewhat differs from the Appeal court of the Lugansk oblast, in particular, by the tradition not to consider criminal cases without case materials.
As it became known to the advocates of B. Feldman, the Supreme Court of Ukraine directed the repeated request to the Artemovskiy district court, in which it pointed out that the cassation instance had to get all materials, but not only those volumes that Lubianoy decided to send.
So, the case Boris Feldman and the bank „Slavianskiy“ is coming to a head…
Lawyers company „Ageev, Berezhnoy and partners“