Portnow announced a plan to investigate the conversation Poroshenko and Biden

After the publication of the tapes of conversations of former President of Ukraine Petro Poroshenko and former Vice-President of the USA Joe Biden, well-known lawyer Andriy Portnov has proposed a plan to investigate the records.

The plan is published on the website Portnov.

“After entering the information in the Unified register of pre-judicial investigations for the purpose of conducting quick and full investigation against the former President and other high officials, it is necessary to conduct an objective investigation of all known facts,” says the plan.

The document also States that the analysis of video data, and other information published in the media, indicates the presence in the actions of the former President Poroshenko and other officials of signs of the crimes provided:

  • article 111 of the criminal code of Ukraine (high treason),
  • article 206 of the criminal code (resistance to the lawful business activities),
  • article 231 of the criminal code of Ukraine (Illegal gathering or use of information constituting a banking secret),
  • article 364 of the criminal code of Ukraine (Abuse of power and official position, entailed heavy consequences),
  • article 344 of the criminal code (interference in the activity of the statesman).

In addition, the published evidence regarding the possible receipt Poroshenko bribe in the amount of $ 200 million for the closure of criminal cases against Ukrainian companies, which worked affiliated to defendants in the published conversations of persons that may testify to the legalization of illegally obtained funds by transferring them into offshore accounts controlled by the company and the presence in the actions of the involved persons of signs of structure of the crime provided by:

  • St. 368 criminal code of Ukraine (Receiving improper benefits),
  • 209 criminal code of Ukraine (the Legalization (laundering) of the incomes received by a criminal way).

Therefore, as stated in the plan Portnov, law enforcement agencies should:

  1. To determine the jurisdiction for the Central office RRT – immediately.
  2. To designate a group of prosecutors and a group of investigators from among the most experienced immediately.
  3. The victims in criminal proceedings (former Prosecutor General Shokin about interference in the activities of persons who have suffered damage through the unlawful actions of the defendants in conversations recorded on tape) immediately.
  4. To interrogate people’s Deputy of Ukraine Derkach about the circumstances of receiving audio, published at a press conference. At the same time, to solve the question of obtaining from him the original records and media audio files within one to two business days.
  5. To interview ex-Prosecutor General Shokin about the circumstances of illegal actions of former ex-officials to remove him from the post of General Prosecutor of Ukraine, and for other reasons, referred to in the record within one or two business days.
  6. Install and interrogation of investigative journalists, which in the beginning of the press conference reports Derkach and from which he received the audio recordings of the conversations between Biden and Poroshenko. In the course of interrogation to find out the origin of audio recordings to the media on which they are stored – within 5 working days.
  7. Given the complexity of criminal proceedings and the need to ensure the independence of journalistic activities, in particular make a substantial number of witnesses and documents relevant to the evidence in the U.S., initiate as provided by article 571 of the criminal procedure code of Ukraine the creation of an international investigation team to investigate the mentioned facts within 15 working days.

Further, according to the plan Portnov, should follow the procedural steps by which evidence will be obtained:

  1. Reclamation from the Office of the President and state Institutions special communication session information of the conversation Biden and Poroshenko during his stay last at the post of the President within 10 working days.
  2. Obtaining a court decision on interim access to all documents contained in the Verkhovna Rada and the Office of the President on the recommendation of the President of Ukraine about dismissal of the General Prosecutor of Ukraine Shokin and submission on the appointment of the Prosecutor General Lutsenko – within 15 working days.
  3. Obtaining a court decision on interim access to all documents contained in the Verkhovna Rada for an immediate vote for dismissal and appointment of Shokin Lutsenko – within 15 working days.
  4. Obtaining a court decision on interim access to all documents at the initiative of the former President or Cabinet Ministriv to change legislation to increase tariffs for communal 100% within 15 working days.
  5. The receipt of the decision of the court on the temporary access to documents that contain information about the requirements of the IMF in terms of increasing tariffs by 75% within 15 working days.

Further, according to the plan Portnov, should to information in international legal assistance:

  1. Preparation and sending of a request for international legal assistance to the competent bodies of the United States by:

    – questioning US officials about released records (provide a detailed list of issues);

    – obtaining experimental samples of votes of the persons participating in the telephone records with Poroshenko;

    – obtain information from the White house or other authorized government institutions of the US session between Poroshenko and Biden in the period of the last on a post of the Vice-President of the United States;

    – examination liaison officers with the United States, which organized the telephone conversations between Biden and Poroshenko;

    – finding source of audio;

    Deadline: within 15 working days.

  2. Preparation and submission of a request for international legal assistance to the competent authorities of the UK on the questioning of Gontareva about the circumstances set forth in the records of its contacts with Biden, influenced by Poroshenko, the role of other ex-officials of Ukraine. Deadline: within 15 working days

Further, according to the plan, should be followed by carrying out further investigative actions in which you need to:

  1. To interview Yatsenyuk, during interrogation, to find out all known A. Yatsenyuk information about the circumstances contained in the record and separately to find out Poroshenko held a meeting on discussion of issues, which recent talks in a telephone conversation with J. Biden (including the tariffs increase)

    Deadline: within 5 working days

  2. To interview Vladimir Groisman, in the course of interrogation to find out all the famous Vladimir Groisman information about the circumstances contained in the record and separately to find out Poroshenko held a meeting on discussion of issues, which recent talks in a telephone conversation with J. Biden (including the tariffs increase), as well as voting for the release of Shokin V. from the post of General Prosecutor of Ukraine;

    Deadline: within 5 working days

  3. To interview Mr. danyluk respect to the circumstances described in the record and separately to find out Poroshenko held a meeting on discussion of issues, which recent talks in a telephone conversation with D. Biden, and to clarify its role, and the circumstances of the release of Shokin V. from the post of General Prosecutor of Ukraine;

    Deadline: within 5 working days

  4. To install and to interview other officials of the Cabinet of Ministers, relevant ministries and agencies, which were aware of the circumstances of granting illegal instructions when considering the issues discussed in the records (including about increase of tariffs for communal services);

    Deadline: within 15 working days

  5. To install and to question experts in the field of public services on the economic assumptions and the validity of increase of tariffs for communal services;

    Deadline: within 15 working days

  6. Interrogation of people’s deputies of Ukraine of the VIII convocation, in particular the members of the relevant Committee in order to prepare appropriate legislation regarding the implementation of pressure on them when voting for the liberation of Shokin V. from the post of General Prosecutor of Ukraine, as well as the submission of bills, the procedure for their consideration, as well as pressure from the former President about the need to adopt changes in legislation regarding increase of tariffs;

    Deadline: within 15 working days

  7. To set and interrogate liaison officers of the Ukrainian side, which appear on audio recordings of conversations D. Biden and Poroshenko, published Derkach;

    Deadline: within 15 working days

    A detailed interrogation of P. Poroshenko about the circumstances, which are discussed in the video on the use of video and to select experimental samples of the voices of P. Poroshenko to ensure phonoscopic examination;

    Duration: tailored to the needs of pre-trial investigation

Further, the plan provides for the conduct of examination and related actions:

  1. Inspection and introduction to the criminal proceedings to the media a video recording of the press conference Derkach. Deadline: within 5 working days.
  2. The appointment and conduct of phonoscopic examinations for compliance with the votes Poroshenko and Biden, Kerry on records released by Derkach and lack of installation. Due: on the dates to be determined later

After that, the plan calls for such items whose implementation should be ensured at all times:

  • Use of the national Agency for the identification, investigation and management of assets derived from corruption and other crimes investigation and identify assets of suspects and other persons.
  • Other procedural actions, the need for which will arise on the execution results primary investigation (investigation) action.
  • Based on the collected evidence, involved entities to the abuse of power and official position, opposition to legal economic activities to solve the issue of the notification of the suspicion and the seizure of the property.
  • According to the analysis of materials of criminal proceedings to solve the issue of bringing those responsible to trial for treason.

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