On May 22, 2018, the Donetsk news agency hosted a briefing by Dmitry Yeryomin, the Deputy Chairman – the Head of the Criminal Chamber of the Supreme Court of the Donetsk People's Republic.
During the briefing, there were summed up the results of the work of the courts of general jurisdiction and the Criminal Chamber of the Supreme Court of the Donetsk People's Republic for the period from 01/01/2017 to 30/04/2017.
The judicial system of the Donetsk People's Republic implements justice based on principles reflecting the essence and tasks of a democratic, law-bound state, which are enshrined in the Constitution of the Donetsk People's Republic.
For the period from 01/01/2018 to 30/04/2018 the courts of the Donetsk People's Republic have made significant work on the administration of justice, enforcement and protection of the constitutional rights of citizens.
According to statistics, as of 30/04/2018, there were 36 622 court cases and materials registered in the courts of general jurisdiction of the Donetsk People's Republic, including:
- 6,866 criminal cases and materials against 7,928 persons, including 2,210 remanded;
- 64 appeals against actions (omissions) by people holding an inquest, by inquiry bodies, investigators, heads of investigation departments, prosecutors; and appeals against orders to dismiss criminal complaint, to initiate and terminate a criminal case;
- 102 cases and material on administrative violations.
Of the indicated number of cases, 23,135 court cases and materials have been considered, constituting 63.2% of the total number of cases and materials, including:
- 1,268 cases against 1.447 persons, of whom 450 remanded;
- 1,684 criminal materials against 1,687 persons.
- 48 appeals against actions (omissions) by people holding an inquest, by inquiry bodies, investigators, heads of investigation departments, prosecutors; and appeals against orders to dismiss criminal complaint, to initiate and terminate a criminal case;
- 2,597 cases and material on administrative violations.
Of the total number of criminal cases and materials considered by the courts of the Donetsk People's Republic, there have been:
- rendered 1,079 decisions, upon which 1,227 persons were convicted, of them 460 were sentenced to imprisonment, 10 persons were released, 2 persons received absolutory sentences;
- considered 60 requests for parole in the care of 60 persons;
- considered 63 requests for change of measure of restraint, of which 62 requests for release.
According to operation statics as of 30/04/2018, the total amount of fines imposed by court decisions of courts of general jurisdiction in criminal cases amounts to 2,129,500 Russian rubles, including 341,570 Russian rubles paid on a voluntary basis.
The total amount of fines, in accordance with the decisions on imposing an administrative penalty for administrative offenses, is 490,151 Russian rubles, including 281,143 Russian rubles paid on a voluntary basis.
Thus, the total amount of fines imposed by court decisions of the courts of general jurisdiction is 2,619,651 Russian rubles, including voluntarily paid 622,713 Russian rubles.
As of 30/04/2018, in the Supreme Court of the Donetsk People's Republic, there were pending 2,540 court cases and materials on the first, cassation and supervisory instances, including 933 criminal cases and materials; 53 cases and materials on administrative violations.
Of the stated amount of cases and materials, for the period from January to April 2018, the Supreme Court of the Donetsk People's Republic has considered 1,840 court cases and materials, which amounts to 72,4% of the total number of cases and materials registered, including 675 criminal cases and materials; 42 cases and material on administrative violations.
I would like to pay attention to resonant criminal cases and cases of special social significance, on sentences were rendered by the Supreme Court of the Donetsk People's Republic and courts of Donetsk People's Republic.
For instance, in the Supreme Court of the Donetsk People's Republic there was a pending criminal case against Korniyenko A.A. accused of rendering designedly unjust sentences, prior occupying the post of the judge of the Budennovskiy interdistrict court of Donetsk. He was removed from the post by the Decree of the Head of the Donetsk People's Republic for major breach of the current legislation, unsuitable for the status of a judge.
Korniyenko A.A., evading appearance in court and criminal responsibility for the committed criminal acts, went into hiding, which led to the court decision of June 14, 2017 to put him on the wanted list, and to suspend the proceedings until his detection.
On December 14, 2017, the criminal proceedings were resumed, as the court reliably established that the accused Kornyienko A.A. was located on the territory of Ukraine, and also actively cooperated with the Security Service of Ukraine, for which on November 16, 2017, by the decision of the Krasnoarmeysk district court of the Donetsk region, at the request of the prosecutor, he was released from criminal liability on charges of committing a criminal offense under Part 1 of Art. 285-3 of the Criminal Code of Ukraine, in connection with which the case was resumed by consideration in the absence of Korniyenko A.A. on the basis of paragraph 1 of Part 2 of Art. 262 of the criminal procedure law, since the defendant was outside the Donetsk People's Republic and evaded appearance in court.
On April 25, 2018, the Supreme Court of the Donetsk People's Republic declared the verdict, by which Kornienko A.A. was found guilty of committing crimes under Part 1 of Art. 360, Part 1 of Art. 360, Part 1 of Art. 360, Part 1 of Art. 360, Part 1 of Art. 360, Part 1 of Art. 360 of the Criminal Code of the Donetsk People's Republic and on the basis of Part 2 of Art. 68 of the Criminal Code of the Donetsk People's Republic he was finally sentenced to 6 years imprisonment.
In the Supreme Court there was also a pending criminal case against Mr. K., Mr. I., Mr. L. on charges of negligence provided for in Part 1 of Art. 348 of the Criminal Code of the Donetsk People's Republic.
In particular, on May 31, 2017, Mr. K., being the senior inspector of the Regime and guard department of the Donetsk pretrial center, together with the junior inspectors of the Regime and guard department of the Donetsk pretrial center Mr. I. and Mr. L., being representatives of the authorities, entered on duty to guard the investigative-arrested A. who was transferred to receive the necessary medical assistance to a medical institution – the infectious disease department of the Central City Clinical Hospital No. 1 in Donetsk.
During his duty, Mr. K., being forgetful of his official responsibilities, consumed alcoholic beverages, and let an unidentified in the course of the preliminary investigation person, staying at A.’s, to the investigative-arrested A.
On the same day, Mr. I. and Mr. L. left the post for settling their personal disputes, left the investigative-arrested A. without supervision and continuous monitoring, who, taking advantage of the situation, freely left the premises of the Central City Clinical Hospital No. 1 and escaped from the hospital.
Mr. K., continuing to improperly perform his official duties due to negligence, reported escaping from custody only two hours later, without organizing the persecution and detention of A.
By the verdict of the Supreme Court of April 12, 2018 Mr. K. was found guilty and sentenced under Part 1 of Art. 348 of the Criminal Code of the Donetsk People's Republic to 3 (three) months imprisonment, Mr. I. was found guilty and sentenced under part 1 of Art. 348 of the Criminal Code of the Donetsk People's Republic to 2 (two) months imprisonment, Mr. L. was found guilty and sentenced under part 1 of Art. 348 of the Criminal Code of the Donetsk People's Republic to correctional labor in the main place of work for a period of 3 (three) months, with deduction of 10 (ten) percent of the salary in favour of the state's income.
In the Supreme Court, there was a cassation appeal by the prosecutor against the verdict of the Central-City Inter-District Court of Makeyevka of the Donetsk People's Republic of December 28, 2017, upon which Mr. O. was found guilty and sentenced according to Part 1 of Art. 133, p. "k" Part 2 of Art. 106, p. "b" Part 2 of Art. 134, p. "k" Part 2 of Art. 106 of the Criminal Code of the Donetsk People's Republic to life imprisonment with serving the sentence in a correctional colony of special regime.
The verdict of the court of the first instance established that in July 2015, Mr. O., being in a state of intoxication, entered into a verbal conflict with his mother S. and began to force her to enter into sexual relations with him, inflicting physical harm to her. Afterwards Mr. O. committed a violent sexual intercourse with S., in the process of which he committed murder. In order to conceal the traces of the crime, on the same day, Mr. O. buried the corpse of S. in the courtyard of the stated house in a garbage pit.
Apart from this, in July 2015, Mr. O. in the course of drinking alcoholic beverages with P., offered him to commit sexual acts with him. Having received a refusal Mr. O. struck blows to the victim with an ax. When P. fell to the floor, because of the received strikes, Mr. O. committed violent sexual acts with P. Because of the blows sustained with an ax Mr. P died at the scene. With the purpose of concealing the traces of committed crimes, Mr. O. hid the body of P. in the room of the house.
Based on the results of the cassation review, the cassation appeal of the prosecutor was satisfied, the verdict of the Central-City Inter-District Court of Makeyevka of the Donetsk People's Republic of December 28, 2017, against Mr. O. was changed in part of the imposed penalty. It was decided to consider Mr. O. sentenced under Part 1 of Art. 133, p. "k" Part 2 of Art. 106, p. "b" Part 2 of Art. 134, p. "k" Part 2 of Art. 106 of the Criminal Code of the Donetsk People's Republic to life imprisonment with serving a sentence in a correctional colony of special regime.
At the end of my speech, I would like to note that the volume of work and the number of pending cases in courts indicate the priority of judicial protection of the rights and legitimate interests of citizens.
Every year the judicial system of the Donetsk People's Republic reaches a qualitatively new level. Taking into account the fact that the burden on judges is high enough, the administration of justice remains at a satisfactory level. At the same time, the Supreme Court of the Donetsk People's Republic, and the Criminal Chamber in particular, carries out constant monitoring of the time limits for consideration of criminal cases, the legality of the judgments and decisions, and the prevention of violations within the framework of criminal proceedings on cases.
I would like to thank the judges for the job done and conscientious work in the sphere of administration of justice and protection of rights and liberties of citizens.