Automatically translated version. May contain inaccuracies compared to the original.
The High Anti-Corruption Court of Ukraine 15 in October is to hold a preparatory hearing in the case of Denys Komarnytskyi and eight other defendants in a proceeding concerning alleged land schemes in Kyiv. The indictment, according to NABU and SAP, concerns the activities of a criminal organization, corruption schemes, attempted seizure of property, and interference with lawful economic activity. The case was referred to the court 6 in October, and the hearing will be conducted by Judge Oksana Hutsal.
Along with Denys Komarnytskyi, Elena Bohoslavska, Elena Marchenko, Mykhailo Terentyev, Petro Olenych, Oleksiy Mushta, Oleksandr Spasybko, Roman Blyumin, and Alisa Sobol are to appear before the court, according to media reports. Thus, there are nine defendants in total in the case. At the same time, holding a preparatory hearing does not by itself mean the start of examining the evidence on the merits: at this stage the court must resolve procedural issues and determine the further course of proceedings. According to materials in the case, the investigation of Denys Komarnytskyi, Elena Bohoslavska, and Alisa Sobol was conducted in absentia. This means that investigative actions against these defendants were carried out without their direct participation. The notification of transfer of the case to VATS states that Komarnytskyi is in Vienna. There is no information in the provided data about whether he will participate in the hearing or in what procedural format.
In the Denys Komarnytsky case, the court must determine the further order of consideration of charges against all nine defendants. The relevant procedural decisions will determine when a trial on the merits will begin and in what order the court will examine the evidence. At this stage, the fact of the transfer of the indictment does not establish the guilt of any defendant. NABU and SAP, within the framework of the proceeding, consider the actions of the defendants as possible episodes of activity by a criminal organization. Among the directions listed in the indictment materials are land schemes, attempts to seize property, and obstruction of lawful economic activity. The detailed circumstances of each episode, the list of evidence, and the defendants’ positions are not disclosed in the provided information. Therefore, establishing the role of each participant can only take place within the court proceedings. Denys Komarnytskyi and other defendants are presumed innocent until proven guilty in a manner prescribed by law and confirmed by a court verdict. This also applies to persons whose pre-trial investigation was conducted in absentia. The procedural status of a defendant is not evidence of guilt, and the prosecution must substantiate its claims with proper and admissible evidence. In subsequent consideration, special attention will be given to the circumstances that NABU and SAP tie to land transactions in Kyiv, as well as the proof of charged actions against each of the nine defendants. At the same time, the information provided does not contain data on specific land plots, amounts of potential damages, exact dates of individual episodes, or the final defense position. These circumstances cannot be considered established solely on the basis of the notification of transfer of the case to the court. The preparatory hearing at VATS is to determine whether the proceedings are ready for consideration on the merits. If the court schedules the case for trial, the next stage will be the judicial procedure, during which the parties may present their positions, submit evidence, and file motions. A decision on the guilt or innocence of Denys Komarnytskyi, Elena Bohoslavska, Elena Marchenko, Mykhailo Terentyev, Petro Olenych, Oleksiy Mushta, Oleksandr Spasybko, Roman Blyumin, and Alisa Sobol can be made only as a result of the court’s consideration of the case.
Document: PDF proof of the original version of the news item "Денис Комарницький: справу "київського смотрящего" про земельні оборудки передали до ВАКС". It records the publication content at the moment of the first scan, the preservation date and the source: Fraza.