![Is there any punishment for illegal prosecution in Ukraine - SAPO comments on acquittal of ex-Minister Omelyan](https://img.unn.ua/img/2024/08/22/1724321567-4515-large.webp)
Is there any punishment for illegal prosecution in Ukraine - SAPO comments on acquittal of ex-Minister Omelyan
Kyiv • UNN
SAPO prosecutors were not held accountable for the illegal criminal prosecution of former Minister Omelyan, who was acquitted by the court. The SAPO refused to name the cases in which the same prosecutors are currently supervising.
Prosecutors must be held accountable for unlawful prosecutions, as this directly follows from the rule of law and due process. If a prosecutor intentionally or through gross negligence initiates a criminal prosecution on the basis of insufficient or falsified evidence, this can lead to serious human rights violations, UNN writes.
However, in practice, such cases are the exception, and another example is the case against former Minister of Infrastructure Volodymyr Omelian, who was publicly accused of a criminal offense, but was fully acquitted by the HACC . UNN asked the Special Anti-Corruption Prosecutor's Office, which was responsible for overseeing the legality of the actions of NABU detectives in the politician's case, for a comment.
It should be noted that there are three possible forms of liability:
- Disciplinary - prosecutors can be reprimanded, demoted or even fired for violating their duties;
- Criminal - if the prosecutor's actions are qualified as abuse of power or official position, he or she may face a real prison term;
- Civil liability - victims may seek damages in court.
According to the SAPO, the criminal proceedings on charges of former Minister Volodymyr Omelyan were conducted by NABU detectives, and procedural guidance was provided by SAPO prosecutors Vysotska N.V. and Sydorenko V.A
However, none of them have been brought to justice. The SAPO also emphasized that prosecutors are not obliged to apologize for illegal prosecution, as this is not provided for in the Criminal Procedure Code.
At the same time, the Special Anti-Corruption Prosecutor's Office refused to name the criminal proceedings where the same prosecutors are now overseeing compliance with the law in the investigation of cases and bringing people to justice. They say it is a secret of the investigation.
However, Oleh Shram, a lawyer and former adviser to the Director of the State Bureau of Investigation, said in an exclusive commentary to UNN that the secret of the pre-trial investigation is the factual data on the circumstances of the commission of illegal actions, plans for certain investigative actions, and investigative actions already carried out.
As for which prosecutor supervises the observance of laws in criminal proceedings, such information cannot, in principle, be a secret of the pre-trial investigation
Add
Allegations of bias and political bias of NABU detectives in their investigations have been made repeatedly. Recently, however, they have started to be heard from the bureau's leadership. The reason for this was that anti-corruption activists launched an investigation against NABU First Deputy Director Gizo Uglava. Only after he found himself on the other side of the investigation did he admit that there were serious problems with the investigation conducted by anti-corruption activists and noted that the bureau was not focused on establishing the truth but on achieving “external goals.
There are also concerns about violations of the presumption of innocence by the NABU, as in the cases against Mykola Solskyi and MP Serhiy Kuzminykh.
The Kharkiv Human Rights Group also criticized NABU for statements that violate the presumption of innocence. They believe that the real reason for Solsky's prosecution is the reform of the land market in Ukraine.
Popular
![No changes in the situation on the border with Belarus, no movement of equipment or military - border guards No changes in the situation on the border with Belarus, no movement of equipment or military - border guards](https://img.unn.ua/img/2024/08/22/1724308170-2043-thumb.webp)
No changes in the situation on the border with Belarus, no movement of equipment or military - border guards
![The largest freshwater pearl in Scotland was sold at auction for almost 94 thousand pounds The largest freshwater pearl in Scotland was sold at auction for almost 94 thousand pounds](https://img.unn.ua/img/2024/08/22/1724300034-3039-thumb.webp)
The largest freshwater pearl in Scotland was sold at auction for almost 94 thousand pounds
![August 22: International Folklore Day, “Take Your Cat to the Vet” Day August 22: International Folklore Day, “Take Your Cat to the Vet” Day](https://img.unn.ua/img/2024/08/21/1724267023-4571-thumb.webp)
August 22: International Folklore Day, “Take Your Cat to the Vet” Day
![Justified Russia's armed aggression: UOC (MP) priest is suspected in Vinnytsia region Justified Russia's armed aggression: UOC (MP) priest is suspected in Vinnytsia region](https://img.unn.ua/img/2024/08/22/1724294580-2406-thumb.webp)
Justified Russia's armed aggression: UOC (MP) priest is suspected in Vinnytsia region
![Invaders allowed soldiers to conduct checks of the population on the TOT of Ukraine - Resistance Invaders allowed soldiers to conduct checks of the population on the TOT of Ukraine - Resistance](https://img.unn.ua/img/2024/08/22/1724292878-2706-thumb.webp)
Invaders allowed soldiers to conduct checks of the population on the TOT of Ukraine - Resistance
Publications
![Is there any punishment for illegal prosecution in Ukraine - SAPO comments on acquittal of ex-Minister Omelyan Is there any punishment for illegal prosecution in Ukraine - SAPO comments on acquittal of ex-Minister Omelyan](https://img.unn.ua/img/2024/08/22/1724321567-4515-thumb.webp)
Is there any punishment for illegal prosecution in Ukraine - SAPO comments on acquittal of ex-Minister OmelyanExclusive
![Manipulations at rehabilitation: people of fugitive ex-minister Klymenko are trying to seize Gulliver under the guise of patriotism Manipulations at rehabilitation: people of fugitive ex-minister Klymenko are trying to seize Gulliver under the guise of patriotism](https://img.unn.ua/img/2024/08/21/1724245450-2666-thumb.webp)
Manipulations at rehabilitation: people of fugitive ex-minister Klymenko are trying to seize Gulliver under the guise of patriotismExclusive
![NABU detectives ignored interrogation of defense witnesses in ex-Minister Solskyi case - lawyers appeal to HACC NABU detectives ignored interrogation of defense witnesses in ex-Minister Solskyi case - lawyers appeal to HACC](https://img.unn.ua/img/2024/08/21/1724226751-1485-thumb.webp)
NABU detectives ignored interrogation of defense witnesses in ex-Minister Solskyi case - lawyers appeal to HACC
![Support for Veterans of the Russian-Ukrainian War: Experience of Small Communities Support for Veterans of the Russian-Ukrainian War: Experience of Small Communities](https://img.unn.ua/img/2024/08/20/1724153922-2839-thumb.webp)
Support for Veterans of the Russian-Ukrainian War: Experience of Small Communities
![Employment of IDPs: the situation in small towns Employment of IDPs: the situation in small towns](https://img.unn.ua/img/2024/08/19/1724060344-2381-thumb.webp)
Employment of IDPs: the situation in small towns
![Oleshchuk shows video of air strike on bridges in Kursk region Oleshchuk shows video of air strike on bridges in Kursk region](https://img.unn.ua/img/2024/08/22/1724328915-1821-thumb.webp)
Oleshchuk shows video of air strike on bridges in Kursk region
![133 thousand residents left Kursk region of Russia - governor 133 thousand residents left Kursk region of Russia - governor](https://img.unn.ua/img/2024/08/22/1724326963-2193-thumb.webp)
133 thousand residents left Kursk region of Russia - governor
![Occupants dropped two KABs on the border area of Sumy region: two men were killed and a woman wounded Occupants dropped two KABs on the border area of Sumy region: two men were killed and a woman wounded](https://img.unn.ua/img/2024/08/22/1724326846-2132-thumb.webp)
Occupants dropped two KABs on the border area of Sumy region: two men were killed and a woman wounded
![SBI opens over 400 criminal proceedings against TCC officials SBI opens over 400 criminal proceedings against TCC officials](https://img.unn.ua/img/2024/08/22/1724326457-1316-thumb.webp)
SBI opens over 400 criminal proceedings against TCC officials
![Russians attacked Hlukhiv in Sumy region in the morning: a fire broke out Russians attacked Hlukhiv in Sumy region in the morning: a fire broke out](https://img.unn.ua/img/2024/08/22/1724326507-3593-thumb.webp)
Russians attacked Hlukhiv in Sumy region in the morning: a fire broke out
![Rada bans doctors from prescribing medicines under the influence of “financial incentives” from companies Rada bans doctors from prescribing medicines under the influence of “financial incentives” from companies](https://img.unn.ua/img/2024/08/22/1724328530-4516-thumb.webp)
Rada bans doctors from prescribing medicines under the influence of “financial incentives” from companies
![Tusk: India can play an important role in bringing peace to Ukraine Tusk: India can play an important role in bringing peace to Ukraine](https://img.unn.ua/img/2024/08/22/1724328165-2717-thumb.webp)
Tusk: India can play an important role in bringing peace to Ukraine
![Kiper announces construction of modern shelters in 5 educational institutions of Odesa region Kiper announces construction of modern shelters in 5 educational institutions of Odesa region](https://img.unn.ua/img/2024/08/22/1724327605-2331-thumb.webp)
Kiper announces construction of modern shelters in 5 educational institutions of Odesa region
![Increased fines for contempt and failure to appear in court: Rada adopts draft law as a basis Increased fines for contempt and failure to appear in court: Rada adopts draft law as a basis](https://img.unn.ua/img/2024/08/22/1724325640-4355-thumb.webp)
Increased fines for contempt and failure to appear in court: Rada adopts draft law as a basis
![Zelenskyy establishes military administration in one of the border communities in Sumy region Zelenskyy establishes military administration in one of the border communities in Sumy region](https://img.unn.ua/img/2024/08/22/1724325696-2670-thumb.webp)
Zelenskyy establishes military administration in one of the border communities in Sumy region
![Oleshchuk shows video of air strike on bridges in Kursk region Oleshchuk shows video of air strike on bridges in Kursk region](https://img.unn.ua/img/2024/08/22/1724328915-1821-thumb.webp)
Oleshchuk shows video of air strike on bridges in Kursk region
![133 thousand residents left Kursk region of Russia - governor 133 thousand residents left Kursk region of Russia - governor](https://img.unn.ua/img/2024/08/22/1724326963-2193-thumb.webp)
133 thousand residents left Kursk region of Russia - governor
![Occupants dropped two KABs on the border area of Sumy region: two men were killed and a woman wounded Occupants dropped two KABs on the border area of Sumy region: two men were killed and a woman wounded](https://img.unn.ua/img/2024/08/22/1724326846-2132-thumb.webp)
Occupants dropped two KABs on the border area of Sumy region: two men were killed and a woman wounded
![SBI opens over 400 criminal proceedings against TCC officials SBI opens over 400 criminal proceedings against TCC officials](https://img.unn.ua/img/2024/08/22/1724326457-1316-thumb.webp)
SBI opens over 400 criminal proceedings against TCC officials
![Russians attacked Hlukhiv in Sumy region in the morning: a fire broke out Russians attacked Hlukhiv in Sumy region in the morning: a fire broke out](https://img.unn.ua/img/2024/08/22/1724326507-3593-thumb.webp)
Russians attacked Hlukhiv in Sumy region in the morning: a fire broke out
![Rada bans doctors from prescribing medicines under the influence of “financial incentives” from companies Rada bans doctors from prescribing medicines under the influence of “financial incentives” from companies](https://img.unn.ua/img/2024/08/22/1724328530-4516-thumb.webp)
Rada bans doctors from prescribing medicines under the influence of “financial incentives” from companies
![Tusk: India can play an important role in bringing peace to Ukraine Tusk: India can play an important role in bringing peace to Ukraine](https://img.unn.ua/img/2024/08/22/1724328165-2717-thumb.webp)
Tusk: India can play an important role in bringing peace to Ukraine
![Kiper announces construction of modern shelters in 5 educational institutions of Odesa region Kiper announces construction of modern shelters in 5 educational institutions of Odesa region](https://img.unn.ua/img/2024/08/22/1724327605-2331-thumb.webp)
Kiper announces construction of modern shelters in 5 educational institutions of Odesa region
![Increased fines for contempt and failure to appear in court: Rada adopts draft law as a basis Increased fines for contempt and failure to appear in court: Rada adopts draft law as a basis](https://img.unn.ua/img/2024/08/22/1724325640-4355-thumb.webp)
Increased fines for contempt and failure to appear in court: Rada adopts draft law as a basis
![Zelenskyy establishes military administration in one of the border communities in Sumy region Zelenskyy establishes military administration in one of the border communities in Sumy region](https://img.unn.ua/img/2024/08/22/1724325696-2670-thumb.webp)
Zelenskyy establishes military administration in one of the border communities in Sumy region
![Ukraine and Norway extend “transport visa-free regime” Ukraine and Norway extend “transport visa-free regime”](https://img.unn.ua/img/2024/08/22/1724327383-3799-thumb.webp)
Ukraine and Norway extend “transport visa-free regime”
![Galushchenko sent a message to diplomats: more investment in energy and compliance with sanctions against Russia Galushchenko sent a message to diplomats: more investment in energy and compliance with sanctions against Russia](https://img.unn.ua/img/2024/08/22/1724320869-1411-thumb.webp)
Galushchenko sent a message to diplomats: more investment in energy and compliance with sanctions against Russia
![State-owned banks impose stricter conditions on business for loan restructuring than commercial banks - expert State-owned banks impose stricter conditions on business for loan restructuring than commercial banks - expert](https://img.unn.ua/img/2024/08/22/1724320671-1193-thumb.webp)
State-owned banks impose stricter conditions on business for loan restructuring than commercial banks - expertExclusive
![Electricity consumption is growing due to the heat: no schedules are expected, but imports and emergency aid from Europe are planned Electricity consumption is growing due to the heat: no schedules are expected, but imports and emergency aid from Europe are planned](https://img.unn.ua/img/2024/08/22/1724314618-3363-thumb.webp)
Electricity consumption is growing due to the heat: no schedules are expected, but imports and emergency aid from Europe are planned
![Foreign experts can play an important role in the transparency of the competition for the head of the Deposit Guarantee Fund - political expert Foreign experts can play an important role in the transparency of the competition for the head of the Deposit Guarantee Fund - political expert](https://img.unn.ua/img/2024/08/22/1724311618-1719-thumb.webp)
Foreign experts can play an important role in the transparency of the competition for the head of the Deposit Guarantee Fund - political expertExclusive
![He sold assault rifles and sent them by mail: an arms dealer will be tried in Kyiv He sold assault rifles and sent them by mail: an arms dealer will be tried in Kyiv](https://img.unn.ua/img/2024/08/22/1724324258-2728-thumb.webp)
He sold assault rifles and sent them by mail: an arms dealer will be tried in Kyiv
![Work on the Blue Line of the Kyiv Metro is nearing completion: Klitschko hopes it will start working in early fall Work on the Blue Line of the Kyiv Metro is nearing completion: Klitschko hopes it will start working in early fall](https://img.unn.ua/img/2024/08/22/1724319013-1787-thumb.webp)
Work on the Blue Line of the Kyiv Metro is nearing completion: Klitschko hopes it will start working in early fall
![“Do not be afraid of sounds": Kyiv residents warned of thunderstorm in the coming hours “Do not be afraid of sounds": Kyiv residents warned of thunderstorm in the coming hours](https://img.unn.ua/img/2024/08/22/1724316110-4176-thumb.webp)
“Do not be afraid of sounds": Kyiv residents warned of thunderstorm in the coming hours
![Rains with thunderstorms and heat up to 37°: weather forecast for today Rains with thunderstorms and heat up to 37°: weather forecast for today](https://img.unn.ua/img/2024/08/22/1724303297-1004-thumb.webp)
Rains with thunderstorms and heat up to 37°: weather forecast for today
![The general contractor of the construction of the Podilsko-Voskresensky bridge was fined and forced to clean up the landfill on Trukhanov Island The general contractor of the construction of the Podilsko-Voskresensky bridge was fined and forced to clean up the landfill on Trukhanov Island](https://img.unn.ua/img/2024/08/21/1724249688-4405-thumb.webp)