It turned out that the article 426-1 of the criminal code, which opened the proceedings, did not act in 2014.
The Prosecutor’s office opened, and then closed the criminal case on the fact of abuse of authority by military officials of the armed forces in the period from April to June 2014, when he was hit by Il-76 over Lugansk. This is stated in the answer of the Prosecutor General to the request of Radio Liberty.
On 21 June the judge of Pechersky regional court of Kiev ordered the GPU to bring in the Unified register of pre-judicial investigations information on the offense. June 22 was an open investigation under part 4 of article 426-1 of the criminal code of Ukraine – excess of official face of military power or authority committed in conditions of special period.
The GPU reported that this article was introduced into the criminal code in April 2015 and at the time of committing the alleged offence, it did not exist.
According to Ukrainian legislation, the criminal law has no retroactive effect in time.
“In this regard, 12.07.2017 the specified criminal proceedings are closed”, – is spoken in the answer of the Prosecutor General.
Opening a criminal case against the ATO has previously won the lawyer Vitaly Pogosyan, who represents the interests of the families of the victims of Il-76 military.
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