Prosecutor General Yury Lutsenko considers the case of the border guard of Kolmogorov, which previously was sentenced to 13 years in prison for the execution of the order to stop suspicious car in the vicinity of Mariupol, and which the Supreme specialized court of Ukraine overturned the verdict, a precedent. He said this to journalists after a meeting of the Verkhovna Rada Committee on legislative support of law enforcement, broadcast meetings led channel “112 Ukraine”.
“Consider it a precedent. It actually shows the severity of the conditions, when the actions of soldiers assess civil courts. Also in the case were a number of problems. About 3.5 hours ago, we met to discuss this situation, legal protection and protection of the public with the prosecution. I think I can support the decision of the court, which sent it to the criminal proceedings for reconsideration to the first instance court. There, I hope the defense can declare all your arguments that are likely to lead to reclassification of this article, which accused Mr. Kolmogorov. In this case it would be about a different measure of responsibility, and accordingly, it will be very important for all the other servicemen,” he said.
The attorney General also added that he can assert that the actions of Kolmogorov was legitimate.
“At the same time, unfortunately, I can’t say that the actions of Kolmogorov was 100% legit. Don’t want to describe all the problems, but what was not they made a warning shot or mandatory for all current legal documents, is a key issue. Nevertheless, I personally understand how important it is also to remember the law of justice. Actually killed during these events, the woman, and the border guard, and senior soldiers Kolmogorov are victims of this undeclared war Putin. And that, and that side became victims, hostages of the events that fell on our head, and at some point we did not have an appropriate legislative base”, – he added.
As reported, Kolmogorov stated that he would like to return to the service after the trial finished. The guard added that his actions no regrets and considers the execution order of the commander of his duty.
Earlier it was reported that the Highest specialized court of Ukraine overturned the conviction of the border guard Kolmogorov and released him from custody. The judges decided to send the case for retrial to the court of first instance. After the court hearing Kolmogorov told reporters that he considers the actions of his commander and guards right.
During a briefing on 6 November, the head of the investigation Department of the GPU Vitaly Panchenko said that before opening fire Kolmogorov was ordered to check the vehicle. He also said that after the cancellation of the decision of first instance and appeal the indictment against the border guard Sergey Kolmogorov will be sent to the court of first instance in Mariupol.
Recall that Kolmogorov soldier was sentenced to 13 years in prison for the execution of the order to stop suspicious car in the vicinity of Mariupol in the fall of 2014. September 9, 2014 at a checkpoint near Mariupol border guards noticed a car that flashed their lights and then headed towards the checkpoint. In response to the requirement to stop for check of documents the driver increased the speed and went on break. Nine border guards opened fire on the car. Killing passenger, driver was not injured and shortly after the interrogations went to Russia. For the woman’s death is held accountable Sergey Kolmogorov, he was sentenced to 13 years in prison, although, according to the gpsu, as well as colleagues, Kolmogorov fault is not proved, and the conviction sets a dangerous precedent.