It is known that the Prosecutor General's Office of Ukraine, despite the war, is overwhelmed with thousands of criminal proceedings. Among them are not only standard, routine cases, but also very high-profile ones that have long attracted the attention of society and caused a huge resonance. But even such cases remain without due attention, strangely “disappearing” in the labyrinths of the Prosecutor General’s Office: no one considers them for years or does so extremely sluggishly.
If you try to list those famous cases that were brought to their logical conclusion, your fingers will be enough. This raises a reasonable question: why is this happening?
Firstly, a situation where a critical number of cases remains without progress indicates problems of an organizational nature. The main reason for the delay in processes appears to be the improper distribution of resources and the lack of clear control and monitoring of the progress of cases.
Secondly, it is possible that not all employees meet the level of professionalism that society expects from such a responsible body. Mistakes, delays, incorrect approaches to investigations - this seems to have become the norm. But here it is important to understand that you should not place the blame solely on ordinary performers. Perhaps the matter is in the system of training, selection and certification of employees, which requires revision.
There is another side to the coin. Employees of the Prosecutor General's Office are people like the rest of us, and when faced with a huge number of cases, they make a choice: to consider something quickly, and to postpone something until later. And of course, such a selective approach seems unfair and even very dangerous for justice as a whole.
One of these cases, which is clearly being slowed down by the Prosecutor General’s Office, is the case of the inheritance of Odessa businessman Vadim Cherny. We would like to remind you that for two years now the law enforcement and judicial system has been preventing the investigation of a case related to the theft of corporate rights of LLC Basari and DP Kompromiss, owned by the public organization Center for the Protection of Disabled People. We are talking, first of all, about two Odessa business centers : BC "Kyiv" and underground BC "Grechesky".
Criminal proceedings are investigated by the Main Investigation Department of the National Police of Ukraine under the procedural guidance of prosecutors from the Office of the Prosecutor General. Until now, the investigation has not identified the organizers of the crime and is doing nothing to clarify their identities.
Moreover, the law enforcement system is preventing a preliminary investigation into this case. It is the injured party who is experiencing unreasonable pressure, and the property of the organization “Center for the Protection of Disabled Persons” has become a hostage to the situation. The Order of the Ministry of Justice, which canceled the illegal actions of state registrars, is ignored and its action is blocked.
In particular, investigator Judge T. Ilyeva of the Pechersk Court, at the request of the Office of the Prosecutor General, seized corporate rights, thus prohibiting the execution of the Order of the Ministry of Justice of Ukraine.
The Economic Court of Kiev is considering case No. 910/6601/23 on the claim of the NGO "Center for the Protection of Disabled Persons" against the State Treasury Service of Ukraine, the National Police of Ukraine, the Office of the Prosecutor General, the State Emergency Department in the Odessa Region, the Odessa Regional Prosecutor's Office for recognition of illegal inaction and illegal decisions by law enforcement agencies in criminal proceedings, where the NGO "Center for the Protection of Disabled Persons" as a victim suffered damage totaling 139 million UAH, caused as a result of criminal actions.
The investigation is led by the prosecutor of the Office of the Prosecutor General Sergei Pilipenko, appointed by the Deputy Prosecutor General of Ukraine Igor Mustetsya. And thus, according to lawyers representing the interests of the NGO “CZI”, it is Mustets who covers up the inaction of the investigation.
MUSTETSA: THE ENEMY OF EUROMAIDAN AND ACTIVISTS
So who is Igor Mustetsa, who has been holding the position of Deputy Prosecutor General of Ukraine since 2020, and are there any dark spots in his biography?
As you know, from February 2011 to April 2014, Igor Mustetsa worked as the prosecutor of the Shevchenkovsky district of Chernivtsi, and then was promoted to become a deputy prosecutor of the Chernivtsi region. This appointment caused a wave of indignation among the local public, since Mustetsa was an opponent of the Maidan and personally opened criminal proceedings against the Chernivtsi participants of the Revolution of Dignity!
For example, back in 2015, the head of the Maidan-3 NGO Vasily Zabrodsky published his open letter to the Prosecutor General's Office, in which he noted that the person responsible for the persecution of Maidan activists should be lustrated.
«Finally, take up the task of establishing order in your ranks. Was the Lustration Law really adopted for the purpose of collecting money from thieves? Have those who were a stronghold for Yanukovych and his gang really become so necessary and irreplaceable? - the appeal says. — Like the former prosecutor of the Shevchenkivskyi district, Igor Mustetsa, who personally opened criminal proceedings against participants in the Chernivtsi Maidan using the numbers: 12013270040002956, 12014260040000154 and 12014260040000155 region? ? Suspicions and even sentences were made in these cases... How much money and to whom did Mustetsa deliver so as not to be fired according to the law “On the Cleansing of Power”?, wrote Vasily Zabrodsky.
Later in September of the same year, the then head of the Chernivtsi region, Alexander Fishchuk, announced the names and surnames of officials subject to lustration. How noted by local media, came under lustration: deputy. regional prosecutor Igor Mustets, as well as deputy chairman of the Regional State Administration V. Usik, head of the regional highway service I. Gakh and head of the Dniester-Prut BUVR Y. Dzyuba.
The head of the Chernivtsi Regional State Administration sent a corresponding appeal regarding Mustets to Prosecutor General Viktor Shokin.
However, as we see, Igor Mustets not only was not lustrated, but on the contrary, he even went for a promotion. In April 2020, the then Prosecutor General Irina Venediktova took him into her team. But even after her resignation, he remained in his place, continuing to work under the leadership of the new leader, Andrei Kostin.
ANSWER TO A REQUEST
Let us note that on September 22, several official requests were sent to the Office of the Prosecutor General, as well as to I. Mustets himself, with a request to express his position on these issues, and a response was received within the time prescribed by law.
As stated in the response of the Office of the Prosecutor General dated September 29.09.2023, XNUMX, “The prosecutor's office of the Chernivtsi region conducted an internal investigation into the possible involvement of the leaders and employees of the prosecutor's office of the Chernivtsi region in the criminal and administrative prosecution of participants in peaceful protests during the Revolution of Dignity. Based on its results, on February 19.02.2015, XNUMX, a conclusion was drawn up, from which, in particular, it is seen that in the actions of Mustetsa I.V. No violations of the requirements of the Criminal Procedure Code of Ukraine regarding the complete, comprehensive and impartial conduct of pre-trial investigations in criminal proceedings of this category have been established.
In view of the above, verification under similar circumstances,
set out in publications of online publications was not carried out.”
CURRENTHOUR IS NOT FOR EVERYONE
Among the latest scandals related to the Deputy Prosecutor General, we can note investigation Ukrainian Pravda journalist Mikhail Tkach. He found out, that domestic officials did not care about all the prohibitions and especially about the law, everything was “seized” from them, everything was bought, because they are “caliphs for one day.” The investigation says that Deputy Prosecutor General Igor Mustetsa, during the curfew in the center of the capital, together with his guards, likes to sit in glamorous restaurants specially opened at night for the “elite.” Yes, these are little things, but they are such that they well reveal the moral character of officials.
So, can the law enforcement system be trusted now if the system seems to be preoccupied with itself? After all, if the highest positions in the country can be occupied by those who were opponents and persecuted activists, then this completely undermines trust in the system. Perhaps, within the walls of the Prosecutor General’s Office there really are sleeping agents of the old regime waiting for their moment? Then this is not just a stain on the reputation of the institution, but a system failure that can lead to a real disaster.
The chaos that we observe in the “investigation” of cases by the Prosecutor General’s Office shows that the country simply needs a clear mechanism of control and responsibility, which will make it possible to be convinced once and for all: either the system will work for the benefit of citizens, or it needs a radical reboot, and all are under-examined “ former” should be expelled from there in disgrace.
