Hetmantsev takes on the role of a court, determining which decision will be legal in the case of illegal tobacco-lawyer

With his message in social networks, the chairman of the tax committee of the Rada, Daniil Hetmantsev, tries to influence the court through public opinion and takes on the role of a judge determining which decision of Themis Buda is legal in criminal proceedings on illegal tobacco. This opinion was expressed in an exclusive comment to UNN by lawyer Sergey Lysenko.

In his Telegram channel, Hetmantsev published a post in which he reported that the Bureau of economic security stopped the production of illegal tobacco by Orion Tobacco LLC, cutting out the equipment. "A group of individuals associated with the evil criminal genius Alperin is accused of manufacturing and storing fake excise tax stamps for the purpose of using them in the sale of tobacco products of their own production in the Odessa region. in other words, in stealing the tobacco excise tax from the army," Hetmantsev added.

According to him, the prosecutor filed a motion with the Shevchenko District Court of Kiev to seize the equipment. however, the court session under the chairmanship of Judge Tsitkich does not take place for unknown reasons. Hetmantsev also noted that the same court in the past repeatedly returned the equipment to the owner, "so that he could continue the crime without obstacles."  "I am convinced that this time the postponement is due to the fact that a highly respected judge deeply and carefully examines the entire long criminal fate of the instrument of crime in order to make an impartial and fair decision not in favor of the illegal tobacco industry, but in the end in favor of the rule of law. Let's support Judge Tsitkich in his difficult daily defense of the honor of the High title of Judge, and by making him known as an unconditional fighter against organized crime, help him defend this honor! Reposts, Sheri, blessings, praises, hymns, odes, akathists and even inscriptions on fences in honor of Judge Tsitkich are welcome in every possible way!",- urged Hetmantsev.

There is a twofold attitude to this situation. Our Constitution of Ukraine provides for complete freedom of speech and every citizen can express their opinion on any issues. It is his constitutional right...on the other hand - and it is the well-established practice of both the Constitutional Court and the European courts - that persons who are endowed with special public influence, in particular a people's deputy and the head of the Tax Committee, are precisely endowed with special influence on public opinion, cannot freely express themselves on certain issues that may entail consequences in the form of inclining public opinion in one direction or another

According to him, in his article Hetmantsev tries to influence the court and the adoption of  decisions by him through the public.

"In this case, it is obvious that the final theses that Getmantsev's message has regarding the distribution, likes and maintenance of his message are that he inclines the court to make a legal decision in the form of property seizure. In other words, he has already determined which decision is legal and how the court should make it. He takes over the role of the court in his message," Lysenko said.

The lawyer also added that the judge can apply to the VSP for protection from pressure and then the decision will be made by the VSP.

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Retired president of the All-Ukrainian Association of judges Denys Nevyadomsky noted that such appeals of Hetmans violate  the Criminal Code of Ukraine. The MP, according to him, in particular calls for interference in the activities of the court, and also violates the presumption of innocence.

Lawyer Dmitry Kasyanenko noted that Getmantsev's message can be regarded as pressure on the judge and influence on his decision.

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Detectives of the Bureau of economic security of Ukraine conducted searches at the production facilities and warehouses of an enterprise licensed for the official production of tobacco products. The mentioned company is associated with a well-known sub-sanctioned Odessa smuggler Vadim Alperin.