The HACC found MP of the Verkhovna Rada of VIII convocation not guilty of abuse of office. Moreover, his interim measure was also canceled — UAH 750,000 of bail, so, it will be returned to the pledger.
The media reports about a former Opposition Bloc MP Dmytro Kolesnikov. The verdict was passed by a panel consisting of: the presiding judge Kryklyvyi, judges Nohachevskyi, and Halabala.
However, Judge Nohachevskyi disagreed with his colleagues and issued a separate opinion. The fact is that the court concluded that the accused did not use official power to receive compensation for renting a hotel room, but exercised the right to housing. And Nohachevskyi disagrees. According to him, the MP used his position: the status of the MP, the position, the guarantee established by law for such an official.
According to the investigation, in 2014-218, the ex-MP received UAH 738,700 from the national budget.
The SAPO has already stated that it will contest this decision. Prosecutors disagree with such a court decision and will defend their position in the court of appeal.
This is not the first verdict under this article and with a similar plot. Here are a few more housing compensation cases:
- The case of Andrii Levus
In May 2021, the Anti-Corruption Court found ex-MP Andrii Levus not guilty in the case of illegally receiving compensation for housing rent in the amount of UAH 543,900.
- The case of Ruslan Solvar
In June 2021, the HACC acquitted the ex-MP from the PPB. He was accused of receiving UAH 361,000 of illegal compensation. However, HACC Appeals Chamber overturned the acquittal and delivered a new verdict: 3 years of imprisonment with deprivation of the right to hold positions in state authorities for a period of one year and a fine of UAH 8,500.
- The case of Oleksandr Peresman
In July 2021, the HACC announced a conviction under the same article and approved an agreement with a suspended jail sentence for 3 years. He was accused of receiving UAH 928,800 in illegal compensation.
- The case of Oleksandr Chernenko
It ended with a conviction under the agreement. He was accused of receiving UAH 582,400 in illegal compensation.
As we can see, the practice of the High Anti-Corruption Court in this matter is heterogeneous because the scenarios of cases are similar, but not the same.