Confiscation of Yanukovych's property: decisions of the VAKS Appeal Chamber are not subject to appeal in cassation

23 January 2023, 12:28 | Policy
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The Supreme Court of Ukraine stated that the decisions of the Appeals Chamber of the Supreme Anti-Corruption Court are not subject to appeal in a cassation order. In particular, such a statement was made after the decision of the VAKS Appeals Chamber in the case of confiscation of assets and property of former President Viktor Yanukovych.

After the decision of the VAKS on the recovery of property in favor of the state limited liability companies "

The VAKS Appeals Chamber refused to consider this issue, stating that these persons, in accordance with part. 8 st. 283-1 CAS of Ukraine do not have the right to file an appeal against the decision of the court of first instance, since they are not defendants in the case.

Accordingly, the lawyer decided to appeal this decision of the VAKS Chamber of Appeal in cassation to the Supreme Court of Ukraine.

“The Supreme Court, as part of a panel of judges of the Cassation Administrative Court, concluded that there were grounds for refusing to open cassation proceedings, given that the decision of the Supreme Anti-Corruption Court of Appeal enters into force immediately after its announcement and is not subject to appeal in cassation. The Court also took the legal position that the provisions of Art.. 283-1 of the CAS of Ukraine does not provide for the possibility of appealing against decisions of the Appeal Chamber of the Supreme Court of Cassation in cassation,"

The panel of judges also noted that the refusal to open the appeal proceedings was justified, because in the case of the arrest of the property of LLC "

“Since the applicants and their lawyer were not a party to administrative case no. 991/5572/22, they, according to the said provisions, are not entitled to appeal against the decision of the court of first instance,” the SCU added..

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Recall, the Supreme Anti-Corruption Court, by its decision of December 12, confiscated and collected the assets of ex-President Viktor Yanukovych for state revenue.. We are talking about the Recreation and Health Center and a residential building in. New Petrivtsi, known as the Mezhyhirya residence, several places in the underground parking, an apartment, a house, a Brig brand ship, a 100% stake in the authorized capital of Tantalit LLC and Dom Lesnika LLC, as well as funds in the amount of 31.05 million.



Later, the VAKS Appellate Chamber also allowed the confiscation of property registered in the name of Yanukovych's son Alexander. In particular, two land plots in Donetsk, a building with an area of \u200b\u200balmost 1.5 thousand. sq.. m, two household buildings, a residential building with an area of \u200b\u200babout 1 thousand. sq.. m, three non-residential buildings and structures in Yalta with an area of \u200b\u200babout 1 thousand. sq.. m and car Toyota Land Cruiser 100 2007 release.




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