HACC Decision: 3-Year Suspended Sentence for Ex-MP Koliesnikov

The panel of judges of the HACC, on the basis of an agreement, found former MP Dmytro Koliesnikov guilty of illegally receiving compensation for the payment of housing. According to the investigation, such actions caused losses to the Apparatus of the Verkhovna Rada in the amount of UAH 758,000. 

When considering the plea agreement, although Kolesnikov did not admit to being a criminal, he pointed out the unlawfulness of his actions, fully admitted his guilt, and sincerely regretted his actions. The initiator of the conclusion of the agreement was the defense: the ex-MP reported that he had considered taking this decision during the first hearing. 

The Bible was quoted: “In every country, the law is the main thing, but justice is above the law, and only mercy is above justice.” 

In September 2022, the HACC acquitted Koliesnikov, but the appellate court did not agree with this decision and sent the case for a new consideration. We wrote in detail about the case and its course here.

How did the prosecutor justify the need to approve the agreement? 

The prosecutor pointed out that the agreement was in the public interest because it would speed up the trial of the case, which the HACC was hearing for 4 years. In addition, the approval of the agreement will have a preventive effect on the commission of crimes by other persons.  

The prosecutor did not establish any aggravating circumstances and attributed the sincere repentance of the accused, the unsatisfactory state of his health, and the “socially beneficial effect” to mitigating circumstances — UAH 1 mln donation to the needs of the Armed Forces of Ukraine. 

In addition, 3 years ago, Koliesnikov reimbursed the Verkhovna Rada Apparatus for all damage caused to the national budget in the amount of UAH 758,000.

Which punishment was approved by the court? 

This time, the HACC agreed with the qualifications of the prosecutor, who spoke about abuses of authority that caused serious consequences, that is, under Art. 364, part 2 of the Criminal Code.  

Koliesnikov was sentenced to 3 years in prison with a probationary period of 2 years and banned from holding positions in public authorities for 1 year. The court also imposed a fine of UAH 17,000 on the ex-MP, and, under the terms of the agreement, within seven days, Koliesnikov must transfer UAH 1 mln to the needs of the Armed Forces. 

One of the judges came out with a separate opinion: it did not deny the need to approve the agreement, but only concerned a shorter probationary period of 1 year.

What was the reason for the approval of the agreement?

It seems that this decision of Dmytro Koliesnikov had a reason. 

The “hunt” for MPs who lived in Kyiv free of charge at the expense of the state began in 2018. Then the NABU served several MPs with suspicion notices, and some of those cases went to court, including the case of MP Ruslan Solvar. This case, due to some misunderstandings in judicial practice, reached the Supreme Court, which explained how to evaluate the actions of MPs who had abused guarantees. We will tell you more about the decision on Solvar in the near future. 

It is likely that this decision of the Supreme Court was the reason for Koliesnikov to sign the plea agreement. The ex-MP’s defender also hinted at this, saying that until recently, they did not know whether Koliesnikov’s act was considered a crime.