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Why court appointed inspection in lawyer’s office
  • Written by Inna Mokina, Chairman of Council of Lawyers of Kherson region
  • Published in  Events
Maryna Yeliseeva, Director of Regional center for FSLA in Kherson region. Photo: Maryna Yeliseeva’s Facebook
Maryna Yeliseeva, Director of Regional center for FSLA in Kherson region.

In Kherson the judge issued an unprecedented decision: allowed the police to inspect and seize documents in Kherson Regional Center for free secondary legal aid. This happened despite the fact that the lawyer Maryna Yeliseeva is working here, as evidenced by the data in the Unified Register of Advocates of Ukraine

The Director of the regional center for FSLA in Kherson region Maryna Yeliseeva assumes that after the publication of the facts the confrontation will intensify not only against her personally but also towards the entire legal community led by the government. The lawyer adds documents to materials (confirming the resolution on their placement with a name of the person), which became the basis for the appeal, a statement about the crime*. Next is the article of Inna Mokina, Chairman of the Council of lawyers of Kherson region, published on Maryna Yeliseeva’s Facebook.

On March 4, 2016. Kherson city, Suvorovsky district court. The investigating judge K. Repin is considering the petition of the investigator of the Investigating Department in Kherson region V. Katsalap on application of a measure of restraint in the form of house arrest in respect of L., a suspect according to the article 368 part 3 of the Criminal Code of Ukraine.

L. the suspect and his defender attorney D. Diamentowych, with whom a contract/agreement was made, arrived at court at the appointed time of 10 am.

The trial begins and it turns out that the prosecution never gave the defense a copy of the petition on measures of restraint with the application, as required by part 2 of article 184 of the Criminal Procedure Code of Ukraine – not later than 3 hours before the examination commences. The defender – the lawyer D. Diamentowych together with his client insist on compliance with the law, the court defers consideration of the petition to 13.45.

At the appointed time, at 13.45, the defense is under the office door of the judge. But unfortunately the judge did not pull himself together either at the appointed time or in an hour. Attorney Diamentowych, as he had to travel outside of Kherson, decided to submit an application to the court, but the office was "closed" since 2 pm – everyone was preparing for the holiday of spring, flowers and women.

He had to give it to the Secretary of judge K. Repin, who then did not want to admit its receipt. And this fact, perhaps, would be "forgotten", but a copy of the application was left at the defendant L. At about 4 pm the judicial machine rushed forward. And the lawyer Diamentowych dared to count on timely consideration of the case and decided not to sit under the judicial office and wait for their favor. The judge having felt insulted gave command to the assistant referee to make a "judgment of 04.03.2016 in case No. 668/3749/16-K, which is entrusted to the head of the Regional center for FSLA in Kherson region Maryna Yeliseeva to appoint the suspect another lawyer to conduct certain procedural actions”.

However, Maryna Yeliseeva did not hurry to carry out an obviously illegal judicial decision. She provided the court the reasoned answer on the unreasonable appointment of another counsel. if given the fact that the illegal, unjustified brining lawyers of FSLA to responsibility would demand the funds of the state budget, the execution of the "resolution" of the judge Repina in this situation could be considered as corruption act.

The day 04.03.2016 the judge Repin made the statement about deliberate failure by Maryna Yeliseeva to execute court decision.
On 12 April 2016 the investigative judge of the city court of the Kherson Alexander Golovko makes the "decree on temporary access to objects and documents". Maryna Yeliseeva, together with the members of the Committee for the protection of the rights of Advocates of the Council of Lawyers of Kherson region expects the visit of "guests" in the Regional Centre for FSLA.

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