The Board of judges of the Judicial chamber on administrative cases of the Supreme court of Ukraine postponed the consideration of the complaint of the Verkhovna Rada on the decision of the Higher administrative court of Ukraine (SACU) about a recognition illegal and cancellation of the Parliament’s decision about consent on bringing to criminal liability and arrest of the people’s Deputy of Ukraine from the faction of the Radical party Igor Mosiychuk on 1 March 2016.
At the meeting Tuesday, February 9, the court made such decision, having satisfied the petition of the representative of the Verkhovna Rada, who said that he had not received the conclusion of the scientific expert Council of the Supreme court of Ukraine, which was made in the framework of this production, transfers «Interfax-Ukraine».
In addition, the representative of the Parliament noted that it is necessary to figure out whether to examine the case under criminal or administrative proceedings.
The lawyer Mosiychuk Leonid Sivakov said that such a position representative of the Verkhovna Rada aimed at delaying consideration of this case, because, in his opinion, it can end with unsatisfactory for Parliament result.
As reported, 17 September 2015 at the meeting of Parliament, the General Prosecutor of Ukraine Viktor Shokin has asked Parliament to remove immunity Mosiychuk. The attorney General also gave the Parliament the footage filmed of the Prosecutor General, which Mosiychuk, among other things, tells his interlocutor about the «pricing» on parliamentary inquiries.
According to Shokina, Mosiychuk suspected of committing criminal offenses under part 4. 368 (acceptance of an offer, promise or receipt of unlawful benefit by an official), part 2, 3 of article 296 (hooliganism), part 1,2 of article 350 (threat or violence against official or citizen who performs a public duty), part 1 of article 376 (interference in the judiciary), part 1,article 377 of 2 (threat or violence against a judge, people’s assessor or juror) of the Criminal code of Ukraine».
On September 18 the Pechersk district court chose to Mosiychuk a measure of restraint in form of detention for a period of 60 days. Subsequently, the Kyiv court of appeals upheld the decision of Pechersky regional court.
October 8 Mosiychuk was admitted to the hospital directly from the building of Appellate court of Kiev, which was to consider the complaint of protection to the decision of Pechersky regional court of Kiev on election to it measures of restraint in form of detention. The next day the Deputy was diagnosed with a large open ulcer of the duodenum, accompanied by internal bleeding. On the same day he was transferred from intensive care to speculate the Kiev hospital of ambulance (ha).
15 November at 19.00 expired rows detention in custody Mosiychuk, elected by the court on September 18. Colleagues immediately took him from BSP and took him to the national Institute of surgery and Transplantology imanishimwe for surgery.
On November 17, the court invalidated the decision of Parliament on the removal of parliamentary immunity and the arrest of Mosiychuk.
In the Parliament, declared their intention to appeal the decision Vasu. On November 27 it became known that the Supreme court received the appeal from the third person the decision of the court on Mosiychuk. The complaint was forwarded by the automatic distribution of the judge-Rapporteur to check the application for compliance with the law. This procedure legislation of the allotted 3 days, and then, according to the law, the court has 15 days to decide on the admission of the case into production.While the Supreme court did not specify exactly who is the third person and the author of the appeal.
The appeal Happy on the decision of the court on Mosiychuk was moved to March 1 09.02.2016