Lawyer: Melnychenko tapes to be declared invalid if court recognizes his actions unlawful

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Oct. 24, 2011, 7:59 p.m. | Politics — by Interfax-Ukraine
Mykola Nedilko, the lawyer of the former major of the State Department of Guards, Mykola Melnychenko, has said that the court of primary jurisdiction might declare invalid the tapes recorded in the office of Ukrainian President (1994-2005) Leonid Kuchma, if the court recognizes that Melnychenko's actions were illegal. "To say that Melnychenko's tapes are illegal evidence, the criminal case, which we are trying to dispute, has to reach its logic ending - the court has to recognize that Melnychenko is guilty for the actions he allegedly committed," the lawyer told Interfax-Ukraine in an interview on Monday.

Nedilko assumed that the court could declare Melnychenko's tapes illegal evidence, referring to a ruling of the Constitutional Court, under which charges of crime cannot be based on evidence received illegally.

"As of today, Melnychenko's tapes have been declared proper evidence," he said.

The lawyer also said that the ruling of the Constitutional Court deals with evidence received illegally, but does not mention Melnychenko as a witness in the Kuchma case.

As reported, the Constitutional Court of Ukraine on October 21 ruled that criminal charges cannot be brought based on evidence obtained without respect to the constitution or in violation of the law.
The Kyiv Post is hosting comments to foster lively debate. Criticism is fine, but stick to the issues. Comments that include profanity or personal attacks will be removed from the site. If you think that a posted comment violates these standards, please flag it and alert us. We will take steps to block violators.
Anonymous Oct. 24, 2011, 8:05 p.m.    

something disturb them , and just they change the law today , it is easy . my god , what is it this country ukrainians could vote for this criminals ?.

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Anonymous Oct. 24, 2011, 9:18 p.m.    

Remember...there are no laws in Ukraine. It is a mafia state.

The law is what the ruling elite say it is at any given moment.

Ukraine is disintegrating rapidly...intellectually and morally.

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Anonymous Oct. 25, 2011, 10:38 a.m.    

what do you expect when the country is governed by Presidential decree... not rule of law. The presidential system is the root of the problems Ukraine faces. If ist not one dicatator its another. It costs hundres of millions of dollars to mount a Presidential election campaign and there is no accountability. A democratic parliamentary system is by far the better option.

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Anonymous Oct. 24, 2011, 8:05 p.m.    

Kuchma could not have been convicted on the evidence of the taope alone. But he should never the less face trial based on evidence given under oath in court by the General. If that fails then he should be convicted on tax avoidance provions

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Anonymous Oct. 25, 2011, 10:41 a.m.    

The Court has not ruled that Kuchma can not face trial. The trial must proceed and be open. It should be net cast so all can see. Lytvyn should also face charges.

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Anonymous Oct. 25, 2011, 5:29 p.m.    

In no western nation is evidence obtained by illegal means admitted by the court.The banshees bashing the CC should be praising it for bringing it in line with western nations.

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