Lawyer: After criminal case against acting deputy head of the State Tax Service of Ukraine Sokur opened, there are doubts about his ability to hold the post

The criminal proceedings against the acting deputy head of the State Tax Service of Ukraine, Yevhen Sokur, cast doubt on his ability to hold the position. Moreover, if law enforcement officers find out that he intentionally harmed national security,  the case will also be investigated under the article "high treason." This opinion was expressed in an exclusive commentary to UNN by Dmytro Kasyanenko, a lawyer at Kasyanenko & Partners Law Firm.

Earlier, UNN reported that a criminal proceeding was opened on November 4, 2022, against the protégé and right-hand man of the Chairman of the Tax Committee of the Rada Danylo Hetmantsev - acting Deputy Head of the State Tax Service Yevhen Sokur  under Part 3 of Art. 365 of the Criminal Code of Ukraine, on the fact of abuse of office by the acting Deputy Head of the State Tax Service of Ukraine, who on October 26, 2022, issued an order to revoke the license of PJSC Ukrtatnafta for the production of fuel. Such actions of Sokur allegedly caused severe consequences for the company and the state in the form of the inability to fulfill the mobilization tasks of the Ministry of Defense for the production and supply of petroleum products for the needs of defense and defense capability of the state.

"The criminal proceedings opened against Yevhen Sokur under Part 3 of Article 365 of the Criminal Code of Ukraine for abuse of office seriously calls into question his eligibility to continue holding a high public office. The case has received additional high-profile coverage due to the accusations of causing grave consequences to both state security and the direct production activities of an enterprise important for defense capability," said Dmytro Kasyanenko.

He added that from a legal point of view, given the seriousness of the allegations and the potential impact of his actions on national security and defense capabilities, there are sufficient grounds to remove Sokur from office for the duration of the investigation. Dmytro Kasyanenko noted that generally accepted legal norms and practice regarding public officials accused of committing serious crimes support such a step as a precautionary measure to prevent further abuse of power.

The lawyer does not exclude that the reasons why Sokur still holds his position may be different and depend on internal political maneuvers, legal procedures, or even a delay in assessing all the information on his case.

"It is also possible that he retains the support of high-ranking state or political figures, which may slow down the process of his removal," Kasyanenko added.

The lawyer emphasized that if Sokur's guilt is proven, he must be punished, regardless of why the law was violated. "Regarding the question of the purposefulness of Sokur's actions, it is important to understand that even if we are talking about a lack of experience or young age, this does not relieve one of responsibility for making decisions that have far-reaching consequences. Every public servant, especially those who hold high positions, is responsible for their actions, regardless of age or experience," the lawyer emphasized.

At the same time, Kasyanenko noted that an investigation  into Sokur's actions for treason could be initiated if there is sufficient evidence that his actions were deliberately aimed at harming the state. 

"Given the potential impact on national security, such a step seems reasonable if there are grounds to believe that Sokur's actions were aimed at undermining state defense capabilities," the lawyer summarized.

Add

The case against Yevhen Sokur was opened because of two identical orders dated October 26, 2022, which he issued to revoke the license of PJSC Ukrtatnafta. The documents had an identical number and date, but the grounds for license revocation were different. In one, the company allegedly refused to allow the tax authorities to conduct an audit without legal grounds. The second was the failure to pay the next license fee within 30 days of the license suspension. At the same time, only one Sokur's order related to a tax audit is published on the tax authority's website.

The company appealed Sokur's decision in court. The courts of first, appellate and cassation instances recognized that the tax audit was conducted in violation of the law and that Ukrtatnafta had every right to prevent the STS representatives from entering its territory. As a result, the orders of the State Tax Service of Ukraine to revoke Ukrtatnafta's license for fuel production, valid from 01.07.2019 to 01.07.2024, were also declared illegal. The courts ordered the STS to cancel them.

Recall

After law enforcement opened criminal proceedings against Sokur, he was allegedly assassinated on August 17, 2023. Earlier, we told you that there are many questions about the "assassination attempt" case and that it seems that it was not an order, but rather a staging. After all, the information that law enforcement officers prevented an assassination attempt on the acting deputy head of the tax service diverted public attention from the criminal case against him.