The verdict was announced in the criminal proceedings "Murders of people on February 20, 2014 ......

[rassian_fakes]

The verdict was announced in the criminal proceedings "Murders of people on February 20, 2014 during the Euromaidan"

October 18, 2023, 12:01 p.m



Поширити


On October 18, 2023, the jury of the Sviatoshyn District Court of Kyiv announced the verdict in the criminal proceedings " The murders of people on February 20, 2014 during the Euromaidan " (link to the video broadcast of the meeting HERE ).
The court proceedings in this case continued in the mode of online broadcasting from May 2016, and from November 17, 2022 - the court was in the consultation room.
According to the verdict, among the 5 people who were indicted, they were found guilty of mass murders of unarmed citizens - participants in protest actions (Part 2 of Article 365; Paragraphs 1, 5, 12 of Part 2 of Article 115; Part 2, Article 15, Clauses 1, 5, 12, Part 2, Article 115 of the Criminal Code of Ukraine):
- the former deputy commander of the special police regiment "Berkut" of the Ministry of Internal Affairs and Communications of Ukraine in Kyiv - the accused O. V. YANISHEVSKY. with the imposition of a sentence of life imprisonment, with the deprivation of the right to hold positions related to the implementation of law enforcement activities for the maximum term, with the deprivation of the special rank of "police lieutenant colonel";
- former policemen of the special forces company of the indicated militia regiment - the accused ABROSKINA P.M. and S.P. Zinchenka with each individual being sentenced to imprisonment for a term of 15 years, with deprivation of the right to hold positions related to the implementation of law enforcement activities for the maximum term, with deprivation of the special rank of "police sergeant" for each.
The accused YANISHEVSKY O.V. was also found guilty of committing the crimes provided for in Part 1 of Art. 119 and Art. 128 of the Criminal Code of Ukraine, according to which he was released from punishment due to the expiration of the statute of limitations.
Also, according to part 2 of Art. 365 of the Criminal Code of Ukraine found guilty of the former policeman of the specified special purpose company - the accused O.M. MARYNCHENKA. with the imposition of a sentence of imprisonment for a term of 5 years, with deprivation of the right to hold positions related to the implementation of law enforcement activities for a term of 2 years.
Each day of their stay in custody in connection with this case is counted as two days of imprisonment.
In addition, according to the verdict of ABROSKIN P.M. and S.P. Zinchenka justified under Part 1 of Art. 340; Part 3 of Art. 258 and Part 2 of Art. 262 of the Criminal Code of Ukraine, and YANISHEVSKY O.V. - according to part 1 of Art. 340; Part 3 of Art. 258 and Part 1 of Art. 263 of the Criminal Code of Ukraine. Also, O.M. MARYNCHENKA was acquitted. according to Part 1 of Art. 340; Part 3 of Art. 258; Part 2 of Art. 262; p. p. 1, 5, 12 part 2 of Art. 115; Part 2 of Art. 15, clauses 1, 5, 12, part 2 of Art. 115 of the Criminal Code of Ukraine, and according to all articles of the indictment - the former policeman of the same special forces company - the accused TAMTUR S.B.
In the verdict, the jury formulated the accusation, which it recognized as proven, cited the legal positions of the parties, the victims and their representatives, the reasons for changing the accusation and the grounds for recognizing its part as unfounded, cited the grounds for acquitting the accused, indicating the reasons for the decision.
In order to pass a verdict, the jury, based on its internal conviction, which is based on a comprehensive, complete and impartial study of all the circumstances of the proceedings, guided by the law, evaluated each piece of evidence from the point of view of appropriateness, admissibility, credibility, and the totality of the collected evidence - from the point of view of sufficiency and interrelations. yakuza In addition, in the verdict, the court analyzed the state of regulatory regulation of legal relations in the context of the events of February 20, 2014 (right to life; right to peaceful protest, to revolt; right of law enforcement forces to use weapons and special equipment).
In addition, in the verdict, the jury decided the complaints and objections of the participants in the court proceedings, formulated legal positions regarding the applied legal procedures, analyzed in detail the observance of the general principles of criminal proceedings during the administration of justice in this case, decided the declared civil claims, some of which were satisfied in full or in part , as well as questions about court costs and the fate of material evidence.
Among the significant facts that were established by the jury are the following:

• the refusal of the then state leadership under pressure from the Russian Federation to sign the Association Agreement with the EU in the fall of 2013 became a reason for mass protest actions, starting on November 21, 2013;
• in the period from November 2013 to February 2014, officials of the authorities and their structures jointly implemented, with the involvement of non-state agents ("aunties"), a purposeful strategy to stop (suppress) the specified protest actions, which initially had an exclusively peaceful nature;
• during the confrontation between protesters and law enforcement officers in the central part of Kyiv on the 18th and on the night of February 19, 2014, the violence was mutual, including the concealed use of firearms, and therefore the leadership of the law enforcement agencies decided, in addition to forcefully pushing back the protesters from the government quarter, to use the authority of law enforcement and the use of weapons, after which, in particular, the soldiers of the special purpose company (RSP) of the special purpose militia regiment "Berkut" of the Ukrainian Armed Forces of Ukraine in Kyiv were armed with standard automatic firearms (AKMS) by order of the leadership;
• February 20, 2014, from approximately 05:00 a.m. 30 min., the confrontation with the forces of law and order in the area of ​​Maidan Nezalezhnosti in Kyiv escalated again due to the use of firearms by unidentified persons against police officers;
• responding to the situation, which as of 08 h. 30 min. formed at the epicenter of the confrontation, individual units and groups of law enforcement officers began to independently and spontaneously leave their positions near the Independence Stele, which caused a further massive and disorganized retreat of law enforcement officers up the street. Instytutska in the direction of the government quarter;
• taking advantage of the panicked actions of the law enforcement officers, starting at 8 a.m. 55 min. the protesters also spontaneously and en masse went beyond their barricades and began to chase and attack law enforcement forces - in this way, activists, including individual armed individuals, advanced up the street. Instytutskaya behind the bridge above it, took control of the central entrance to the Ukraina Hotel, cut off the positions of law enforcement officers at the intersection of St. Instytutska and Khreshchatyk near the building of the Ukrcoopspilka, forcing one part of them to flee up the stairs to the October Palace, and the other in the direction of the European Square, later the activists approached the building of the October Palace, from which the evacuation of law enforcement officers from various units was ongoing;
• at approximately 09:00 05 min. YANISHEVSKY O.V., realizing the danger of indiscriminate use of firearms against participants in mass protests by shooting dangerously close to their crowd, anticipating the possibility of socially dangerous consequences of such actions in the form of the death of citizens and causing them serious gunshot wounds, but lightly counting on their aversion , i.e. exceeding the measure necessary to fulfill the duties assigned to the police, in order to ensure the evacuation of law enforcement officers from the building of the October Palace, he gave a clearly criminal order to his subordinates P.M. ABROSKIN, S.P. ZINCHENK. and other fighters of the RSP, the materials regarding which are allocated to a separate criminal proceeding, for the indiscriminate use of firearms, which clearly did not correspond to the situation (threats) of the evacuation of law enforcement officers from the building of the October Palace, that is, it was not exclusively necessary to protect their rights;
• as a result of the acts committed in fulfillment of the clearly criminal order of O.V. YANISHEVSKY, by persons whose materials are allocated to a separate criminal proceeding, 4 unarmed protesters were killed by the use of firearms, and 8 - We injured others of varying degrees of severity;
• in the future, the use of firearms by the specified group of law enforcement officers was resumed, since at approximately 9 a.m. 15-16 min. an RSP soldier M.M. SIMYSYUK was killed by unidentified persons as a result of gunshots. and a gunshot wound was inflicted on a soldier of the RSP PANCHENK, R.V., who was on the site in front of the Zhovtnev Palace and ensured the evacuation of other law enforcement officers from this building.
• from approximately 09:00 17 min., retreating from the building of the October Palace and moving upwards in the direction of the snow barricade located across the street. Instytutskaya next to the upper entrance to Khreshchatyk metro station, O. V. YANISHEVSKY, P. M. ABROSKIN, S. P. ZINCHENKO. and other persons, the materials regarding which are allocated to a separate proceeding, acting according to a previous conspiracy by a group of persons, jointly and in a coordinated manner began to shoot from AKMS they had in the direction of a crowd of people in the area of ​​St. Instytutska and the surrounding territory, who did not have firearms in their hands and who did not pose a real threat, with the aim of committing their murders in a way that was dangerous for the lives of many people.
• in the period from 9 a.m. 20 min. until 5 p.m. the specified law enforcement officers, being behind the snow and then behind the concrete barricades, continued to fire indiscriminately targeted shots from AKMS in waves in the direction of unarmed protesters who were moving along the street. Instytutskaya and did not pose a threat, including those of them who arrived to evacuate killed and wounded activists and provided them with assistance;
• as a result of the indicated joint actions of O.V. YANISHEVSKY, P.M. ABROSKINA, and S.P. ZINCHENKA. and other persons, the materials regarding which are allocated to a separate criminal proceeding, from 09:00 a.m. 17 min. until 5 p.m. the murder of the 31st unarmed activist was committed with the direct intent to kill and attempted murders of 44 other persons from their number were completed;
• at the scene of the crime, it was possible to find 48 bullets and 103 shell casings, which were identified as having been fired on February 20, 2014, from 16 specific examples of AKMS - the official weapon of the RSP, including the one attached to the accused P.M. ABROSKINA. and S.P. ZINCHENKOM;
• in total, according to the court proceedings, during these events on the "Maidan" on February 20, 2014, the following took place: a) 48 episodes of the death of activists, 31 of which the involvement of O. V. YANISHEVSKY, P. M. ABROSKIN was proven. and S.P. ZINCHENKA, and in addition to the 4th - only O.V. YANISHEVSKY; b) 80 episodes of wounding of activists, 44 of which the involvement of O.V. YANISHEVSKY and P.M. ABROSKIN was proven. and S.P. ZINCHENKA, and in addition to the 8th - only O.V. YANISHEVSKY. The involvement of the specified defendants in other episodes of death (13) and wounding (28) of activists has not been proven in court.

These tragic events of the "Maidan" were used by the Russian military and political leadership to implement their aggressive plans for the occupation of certain territories of Ukraine in 2014 and for an open full-scale military invasion from February 24, 2022.
The trial continued with unprecedented intensity, with an average of 1 to 4 court hearings per week. A total of 320 court hearings were held, 10 of which were conducted via video conference. The court questioned 245 people (victims, witnesses from among law enforcement officers and protesters, as well as other eyewitnesses, experts, defendants), examined more than 3 TB of video and photo materials, issued dozens of court orders, including for conducting examinations, received data in order international legal aid.
The volume of the verdict is 1,714 sheets. To facilitate its perception by the court, a resolution was issued, which in the appendices sets out: a) the classification of the content of the sentence (sections, chapters, clauses); b) a list of victims in alphabetical order with reference to the sequence number of their episode according to the chronology of events; c) a list of introduced terms and abbreviations.
Online broadcasts of all court hearings can be found on the official website "Judiciary" in the "Online broadcasts" section under the keywords "Killings of people on February 20, 2014 during the Euromaidan ", and the court hearing, during which the verdict and decision were announced on October 18, 2023 , - on the court's website in the "Court sessions online" / "Broadcast archive" sections, respectively.
At the same time, for the information of O.V. YANISHEVSKY, P.M. ABROSKIN. and S.P. ZINCHENKA, in respect of which the court proceedings have been completed in the order of special court proceedings, the court informs:

• the accused have the right to familiarize themselves with the log of the court session and submit written comments on it;
• the verdict and decision of the jury can be found in the Unified State Register of Court Decisions of the University of No. 759/3498/15k, an electronic copy of the verdict and court decision can be sent separately to the notified email address;
• the verdict and decision of the jury court can be challenged in an appeal procedure to the Kyiv Court of Appeals by filing an appeal through the Svyatoshinsky District Court of the city of Kyiv within thirty days from the day of their pronouncement. The judgment becomes legally binding after the expiry of the term for filing an appeal, if no such appeal has been filed, and the court's decision - immediately. In the event of an appeal, the verdict, if it has not been annulled, becomes legally binding after the decision of the appellate court.

The archived Google translation into English:
https://archive.ph/IDL0n of https://sv.ki.court.gov.ua/sud2608/pres-centr/news/1494798/ ,  https://archive.ph/yfvuX

The full test of verdict:
https://reyestr.court.gov.ua/Review/114304164
https://web.archive.org/web/20231027043831/https://reyestr.court.gov.ua/Review/114304164