The Pechersk District Court of Kyiv has ruled as illegal a Prosecutor General's Office resolution of 2005 to close a criminal case against former major of the State Department of Guard Mykola Melnychenko.
An Interfax-Ukraine reporter said that the court had taken such a decision on Thursday after considering a lawsuit from representatives of second Ukrainian President Leonid Kuchma (1994-2005) regarding the illegality of closing the case against Melnychenko
Thus, the court satisfied the lawsuit filed by Kuchma’s lawyers.
The decision to close the criminal case against Melnychenko was cancelled and submitted to the prosecutor general for the resumption of a pre-trial investigation.
The court ruling, which was read out by judge Rodion Kireyev, notes that the Prosecutor General’s Office resolution to close the criminal case against Melnychenko was adopted without being thoroughly studied and the allegation that the ex-major acted in a state of extreme necessity is unmotivated.
"A pre-trial investigation was closed without any grounds… The resolution by the Prosecutor General’s Office must be cancelled," reads the court ruling.
It also states: "A complaint by Kuchma’s representatives… has been satisfied, whereas the resolution by the prosecutor general has been cancelled and should be forwarded to the prosecutor general to resume a pre-trial investigation."
While commenting on the court’s decision, Melnychenko told reporters that the ruling was expected and that he would not appeal against it, as he believes that it is not expedient to do so. However, his lawyers suggested that the decision could be appealed against by the prosecutor’s office.
As reported, in November 2000, Melnychenko published audio recordings allegedly confirming former President Leonid Kuchma’s involvement in the disappearance of journalist Georgy Gongadze.
Gongadze went missing in Kyiv on September 16, 2000. A headless body that experts believed could be that of Gongadze was found in the forest in the Kyiv region in November 2000.
A criminal case into the murder of Gongadze was opened against Kuchma on March 21, 2011. Kuchma is charged with abuse of office and giving illegal orders to Interior Ministry officials, which lead to the killing of Gongadze. Melnychenko’s tapes have been declared evidence in this case.
Kuchma’s lawyers said that the resumption of criminal proceedings against Melnychenko was needed to establish the organizers of the illegal bugging of the former president’s office. They believe that the motive behind Melnychenko’s actions was not to eliminate threats to the life of Gongadze.
"The facts indicate that he used the recordings as a means of blackmail and to discredit the government, as well as to make a profit," the lawyers said.
The lawyers also argued that Melnychenko was selling his tapes "to different buyers, including foreign institutions and organizations." The lawyers also said that that Melnychenko’s leaking of state secrets, in particular, publishing information about the alleged sale of Kolchuga electronic warfare systems by Ukraine to Iraq, seriously undermined the credibility and prestige of Ukraine.
