Prosecutor Serhiy Khodakivskyi authorized illegal searches.
Tens of thousands of dollars and hundreds of computers were seized from private businesses during searches, Vyacheslav Khripun writes on the website SuG.
The prosecutor's disciplinary body recently reviewed the high-profile case of Serhiy Khodakivskyi, head of the Podolsk District Prosecutor's Office in Kyiv.
In May 2022, the head of the district prosecutor's office, based on reports from the Security Service of Ukraine (SBU), registered criminal proceedings under Article 110-2 (financing actions committed with the aim of violently changing or overthrowing the constitutional order) and Article 111-1 (collaboration) of the Criminal Code.
However, he did not transfer the relevant criminal case materials to the SBU, entrusting the investigative actions to the capital's police.
Then, taking advantage of the "military" amendments to Article 615 of the Criminal Procedure Code, Serhiy Khodakivskyi, without going to court, independently issued a series of orders to conduct searches in Lviv, during which, on May 13, more than $94, 58 mobile phones, and other property were seized.
However, on May 20, the investigative judge of Kyiv's Podolsky District Court refused to seize the said funds and property, noting that the Podolsky District Court had not ceased operations during the Russian aggression, and therefore Serhiy Khodakivskyi had no right to replace the investigative judge. This position was subsequently upheld by the Kyiv Court of Appeal.
However, the head of the Podolsk District Prosecutor's Office was not at all impressed by the court's position.
Without a court order, he initiated a series of further searches, which took place on May 21, 30 and 31 in Kyiv, Ternopil and Lviv.
As a result of these searches, almost 400 computers, 200 system units, as well as laptops, hard drives and mobile phones were seized.
As it turns out, the Tarantino Family restaurant chain, among others, suffered from the prosecutor's actions, having been accused of allegedly siphoning funds into Russia.
Moreover, searches and seizures of property were carried out not only at the premises of persons involved in criminal proceedings, but also at business entities registered at specific addresses, but not related to the persons involved in the criminal proceedings.
As a result, the General Inspectorate of the Prosecutor General's Office filed a complaint against Serhiy Khodakivskyi with the prosecutor's disciplinary body, and on June 23, Prosecutor General Iryna Venediktova suspended him from his duties as head of the Podolsk District Prosecutor's Office pending the completion of the disciplinary proceedings.
In his defense, Sergei Khodakivsky stated that, due to the introduction of martial law, he was unaware of whether the district court was operating in May, and under what conditions. Since immediate action was required in the criminal proceedings, he could not delay.
According to the prosecutor, the fact that district courts are officially open from 9:00 a.m. to 18:00 p.m., until 15:45 p.m. on Fridays, and allegedly do not work at all on Saturdays and Sundays makes his actions justified.
Having examined the parties' positions, the prosecutor's disciplinary body noted that Sergei Khodakivsky had committed a number of violations and had effectively replaced the court.
Furthermore, the prosecutor's "disciplinary committee" noted that the SBU reports, on the basis of which Sergei Khodakivskyi authorized the searches, did not contain any information indicating that the defendants in the criminal proceedings intended to obstruct the investigation in any way, such as by destroying documents important to the investigation.
Therefore, the prosecutor's statement that searches should have been carried out immediately should be taken with a grain of salt.
As a result, on August 31, Sergei Khodakivsky was subject to disciplinary action in the form of a reprimand.
By topic: Police conducted searches at the home of former Kyivoblgaz head Dronov.
A search is being conducted at Taras Kozak's home in Sokolniki.
State Bureau of Investigation (SBI) officers conducted a search at Kobolev's home (updated + video)
Subscribe to our channels in Telegram, Facebook, Twitter, VC — Only new faces from the section CRYPT!