18.05.2017 year, the High specialized court of Ukraine on consideration of civil and criminal cases will consider the petition for determination of jurisdiction of the criminal case against a group of persons, who are accused of committing a crime under part 3 of article 149 of the criminal code of Ukraine (human trafficking). Pre-trial investigation was conducted 5 months of Investigation Department of GUNP in the Dnipropetrovsk region, three suspects all this time in custody.

The case has gained resonance in connection with the statements freelance adviser to the Minister of internal Affairs of Ukraine Anton Gerashchenko that allegedly as a result of criminal actions of these individuals, thousands of young unemployed people were involved in the drug trade on the territory of the Russian Federation. http://www.divannaya-sotnya.com/anton-gerashhenko-segodnya-sostoitsya-slushanie-po-delu-o-torgovle-ukraincami-v-rf/

However, in fact the court directed the case only for 14 facts (episodes), and only 7 of them are imputed to all members of the group.

The case has acquired political overtones, as many convicted of drug trafficking in Russia, Ukrainians now have hope not just to be justified, but to appear as victims of trafficking. https://antikor.com.ua/articles/128658-kak_ukraintsev_sahajut_v_rossijskie_tjurjmy. However, involvement in these drug traffickers persons involved in this process is highly questionable and is based only on speculation of the investigation and the unfounded hopes of relatives contained in Russian jails traffickers of drugs.

Their clients rights are being violated from the first day of their detention, direct evidence of their guilt is not established, and the investigating authorities, prosecutors and courts of the Dnieper elected purely accusatory and contribute to their illegal imprisonment. Any objective evidence of facts of distribution couriers of drugs in Russia, there is no allegations of recruitment for the purpose of exploitation are just speculation and assumptions by the prosecution.

In particular, may 13, 2017, the Board of judges of the Babushkinskiy district court of Dnipropetrovsk, exceeding his powers, extended the measure of restraint in form of detention for all three suspects in custody. Such powers, in accordance with applicable criminal procedural law, the court did not and in fact, they already are held in detention illegally.

In addition, one of the suspects (our client) is a citizen of Moldova has not provided a qualified translator and is not explained the essence of suspicion, do not open the collected evidence in the case, and not even translated into the native language a reminder of his rights rights and duties. Our lawyers tried to appeal these unlawful actions of the investigator, however, the presiding panel of judges just gave him the word for that.

After a long trial on Saturday (may 13) Babushkinskiy district court took a decision to partially satisfy the petition of protection and sent the indictment to the court of appeal to resolve the question of withdrawal the submission to the Supreme court on this issue.

Today (17.05.2017 year) the court of appeal of Dnipropetrovsk region took the decision to seek representation in the Supreme specialized court of Ukraine on consideration of civil and criminal cases to address the issue of jurisdiction.

According to article 32 of the criminal procedure code of Ukraine the criminal proceedings shall court within whose territorial jurisdiction the criminal offence was committed. If there were several criminal offences, the criminal proceedings shall court within whose territorial jurisdiction committed a more serious offense, and if they were the same in severity, - the court within whose territorial jurisdiction the made for the last time a criminal offence.

According to the indictment, all offences were the same in severity, and the last crime committed within the territorial jurisdiction of the solomiansky district court of Kyiv.

The question of the direction of criminal proceedings from one court to another within jurisdictions of different appeals courts, and about the direction of the proceedings from one appellate court to another is decided by a panel of judges of the High specialized court of Ukraine on consideration of civil and criminal cases under submission the court of appeal or at the request of the parties or the victim no later than five days from the date of making such representation or petition. This issue will be considered tomorrow.

In this regard, the HSC needs to make a decision regarding the referral for consideration on jurisdiction in Solomenskiy district court of Kyiv.

A case of human trafficking will consider the Solomensky district court of Kyiv