Interior Minister Avakov is not well-versed in jurisprudence.

Kharkiv Mayor Gennady Kernes' lawyer, Andrei Tsygankov, logically explained why Interior Minister Arsen Avakov lacks legal expertise. Here is the full text of Tsygankov's Facebook post:

"The more you read Arsen Avakov's Facebook page, the more you realize the country doesn't need an Interior Minister—a politician. Arsen Avakov himself and his assistant, Gerashchenko, probably understand this.

Below is Arsen Borisovich's post regarding today's court hearing in Poltava. In my opinion, a minister and a person with a legal education could not have written such a thing and had no grounds for doing so. The only good news is that his posts are hastening his own end as a minister.
It's very difficult to convince the minister that the court doesn't review the results of the investigation, but rather evaluates the validity of the indictment. The results of the investigation (as the minister writes) should be reviewed not by the court, but by the prosecutor at the end of the pre-trial investigation, who should arrive at a reasoned conclusion: whether there are grounds to submit the indictment to court. This is precisely the purpose of the amendments to the Criminal Procedure Code.
It's not surprising that, while hiding from Ukrainian courts outside the country, the minister cared little about the legal intricacies of criminal procedure. Anyone who hid from the courts finds it difficult to understand someone who decided to defend themselves in them (especially in Ukraine).
The Minister of Internal Affairs also has no grounds to label those who, in press interviews, denied being Euromaidan activists. However, even Arsen Avakov understands that without a political motive, this case is nothing more than a hoax.
The minister finds it difficult to understand that the courts in Ukraine are becoming increasingly independent. The court has already recognized the absence due to illness and hospitalization as valid, no matter how unfortunate this may have been for Kergens' former partner, G.A. Avakov. And the court made this decision after this reason was recognized as valid by both the prosecution and the victims, not to mention the defense, during the trial.
Arsen Borisovich knows full well that the defense undoubtedly sees him as a witness in this case (as they have repeatedly stated) in order to publicly demonstrate how specific the initiation and investigation of criminal proceedings can be when Acting Minister of Internal Affairs Arsen Avakov is interested in it.
The minister's statement about changing the preventive measure to a "strict travel ban" is also delusional. Kernes, G.A., resides and is registered in Kharkiv; a "strict travel ban" would, at a minimum, prevent him from attending court in Poltava. The demand for Kernes' arrest is more likely a continuation of a failed assassination plot than a deliberate stance by the Minister of Internal Affairs.
The minister's polemics about compassion are unnecessary. The entire country has seen for itself that G.A. Kernes is willing and determined to publicly and openly defend himself in court, which could have negative consequences for Interior Minister A. Avakov himself and his inquisitorial team, which for twelve (!) months has failed to present a proper indictment to the competent court. The inconsistency of the indictment with the actual circumstances of the case was first voiced in today's hearing by the victims' representatives.
What's left for the defense now? Disagree with the obvious facts? The only thing left to do is thank our colleagues for their assistance.
The defense also has reason to believe that the Minister of Internal Affairs is extremely concerned that a public hearing of this case could shed light on the assassination attempt on G.A. Kernes that took place a year ago and on the efforts of the department controlled by Arsen Avakov to prevent an objective, comprehensive, and unbiased pre-trial investigation into the assassination attempt on the mayor of one of Ukraine's largest cities, who is currently pursuing a line of de facto military action and is restraining the spread of separatism in Ukraine.
Twenty-seven investigators are involved in a case involving a single punch to the nose of a supposed Euromaidan activist, with hundreds of legal proceedings, and two investigators are involved in a case involving an attempted murder using a sniper rifle while he was serving as mayor of Kharkiv. The answer to the question "Is there politics involved?" is obvious.
Discrediting the defense, the defendants, and the court in order to protect himself from public questioning about his direct involvement in the development of the case against his political opponent—that is the true purpose of Interior Minister A. Avakov's posts, demands, and attempts to pressure the court. This is something the defense will undoubtedly establish and confirm in court, and, of course...

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Earlier, lawyer Tsygankov gave his comment for SKELT-info regarding the trial of Kernes and noted gross procedural violations: Gennady Kernes will be tried in violation of procedural norms.

 

 

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