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SAPO overturns prosecutor's decision to close Rotterdam + formula case
KYIV. Sept 22 (Interfax-Ukraine) – Head of the Specialized Anti-Corruption Prosecutor’s Office (SAPO) Oleksandr Klymenko has decided to cancel a decision to close the so-called Rotterdam+ formula case as illegal and unfounded, the SAPO press service reports.
It is noted that Klymenko also completely changed the group of prosecutors in this case due to the ineffective implementation of supervision over compliance with the laws during the pretrial investigation.
"Such decisions were made based on the results of studying the case materials, a thorough study of the findings of prosecutors during the closure of this criminal proceeding, and based on the results of a meeting with the participation of prosecutors and detectives from the National Anti-Corruption Bureau of Ukraine, who carried out the pretrial investigation," the report says.
It clarifies that the SAPO head revealed "numerous inconsistencies in the conclusions and arguments of the prosecutor when closing this case, the incompleteness of the study of the case materials by the prosecutor, the inconsistency of the prosecutor’s conclusions with the actual circumstances of the criminal proceedings."
"This means that further decisions on this case will be made by the renewed composition of prosecutors in full compliance with the requirements of the Criminal Procedure Code," the SAPO stressed.
They recalled that on September 21, 2022, the Appeal Chamber of the High Anti-Corruption Court completed consideration of an appeal against a decision of an investigating judge of the Higher Anti-Corruption Court dated October 13, 2021 to refuse to satisfy a complaint against a decision to close criminal proceedings.
Based on the results of the consideration, the collegium partially canceled the decision of the investigating judge and closed the proceedings on complaints from representatives of Nikopol Ferroalloy Plant and Zaporizhia Ferroalloy Plant against the decision of the SAPO prosecutor to close criminal proceedings dated March 24, 2017.
"The SAPO is awaiting the full text of the said court decision. The legal position of the court set forth in the full text of the decision will be taken into account in the further implementation of the pretrial investigation and the adoption of decisions on the case. At the same time, the illegality and groundlessness of the decision of the prosecutor to close these proceedings does not cause any doubts for the SAPO head," the prosecutor’s office concluded.
