Poroshenko’s Lawyers Demand Withdrawal of Coal Case Suspicion Citing Procedural Irregularities

Defense Files Motion to Overturn Coal Case Charges

According to 5 канал: The legal team representing Ukraine's fifth president, Petro Poroshenko, has submitted a motion to the court requesting the nullification and cancellation of the suspicion raised against him in the so-called 'coal case' dating back to 2021. Poroshenko’s defense argues that the accusation is riddled with procedural violations similar to those that led to the dismissal of charges against NABU Director Semen Kryvonos. They reference a precedent set by the Office of the Prosecutor General, which deemed Kryvonos’s charges invalid due to improper signing and delivery procedures.

Improper Signing and Delivery of Charges Highlighted

It is important to note that the suspicion against Poroshenko was signed not by the Prosecutor General or acting Prosecutor General, as required by the Criminal Procedure Code (CPC), but by Deputy Prosecutor General Oleksiy Symonenko, constituting a procedural breach. Furthermore, the charges were mailed without being handed over in person and without informing Poroshenko of his rights, violating established protocols. At the time, Prosecutor General Iryna Venediktova and her first deputy deliberately avoided signing the suspicion, raising concerns from Poroshenko’s defense team.

Poroshenko, leader of the European Solidarity party, has consistently maintained that the coal case is fabricated and politically driven. He alleges that dozens of prosecutions against him have emerged following Volodymyr Zelensky’s election as president, aimed at political persecution. His lawyers insist on the principle of equal treatment under the law and demand the dismissal of the charges by drawing parallels with the Kryvonos case.

"According to the CPC, only the Prosecutor General is authorized to sign suspicion notices against members of parliament. This provides some protection for the opposition against prosecutors issuing these allegations en masse. When the person responsible avoids this duty and takes two leaves-once when the suspicion should be signed and again during the arrest request-it’s a clear warning sign."

Illya Novikov

The legality of the suspicion in the coal case remains unresolved, with upcoming court rulings likely to set important legal precedents in Ukraine. Considering previous judicial decisions and their implications, this case holds potential to significantly affect the country’s political landscape as well as the balance of power between the prosecution and opposition factions. Observers anticipate that the outcomes will shape not only legal interpretations but also political priorities in Ukraine in the near future.

In a related development, Holovan has called for a review of the charges against Poroshenko, emphasizing issues surrounding improper notification that echo the procedural irregularities highlighted by Poroshenko's legal team. This growing scrutiny raises questions about the integrity of the legal processes involved in high-profile political cases in Ukraine.