The scandalous former military commissar of the Odessa region, Yevgeny Borisov, who is currently in a pre-trial detention center, is determined to prove in the Court of Appeal the groundlessness of his arrest in three weeks.
Law enforcement officers suspect him under three articles of the Criminal Code of Ukraine, incriminating him with illegal enrichment and violation of the order of military service. In addition, in the spring of this year, it was reported that the Borisov family allegedly owns real estate in Spain, the value of which may reach 3.95 million euros.
One of Borisov's lawyers, Oleksandr Makovetsky, told about the planned consideration of the appeal in a comment for TSN.ua.
On the 12th, there will be a hearing of an appeal against the measure of restraint, which was extended," lawyer Makovetsky told us.
Makovetsky draws attention to the fact that it is better for Yevgeny Borisov to walk than to sit in a pre-trial detention center. This is explained by the fact that his client has certain health problems, he supports him thanks to the pills that his relatives give to Borisov. According to Makovetsky, his client has five gunshot wounds to his legs.
"On July 12 of this year, by the decision of the Military Commission, he was declared unfit for military service," the lawyer said. - Taking into account the fact that he had five gunshot wounds, respectively, this was a consequence. That is, as a result, he is unfit for service. Taking into account the fact that Borisov, who is unfit for military service, is suspected of a war crime, the war crime is justified by subjectivity. That is, even if we assume that there was evasion of service, it is not effective. Why? Because the person was not the subject of the crime. That's the first thing. Secondly, when a person is discharged from the armed forces on July 13, he is no longer a military man, but a civilian. And on the 22nd, he was notified of suspicion. That is, 10 days have passed as a civilian, and he is being prosecuted for a war crime."
Answering a clarifying question about whether it is about Borisov's departure abroad, Makovetsky replied that it is possible that Borisov's departure abroad during his service is regarded by law enforcement officers as a crime.
The investigation believes that he had no grounds to leave, and the defense believes that there were. There was a corresponding decision of the Commander-in-Chief to provide the opportunity to travel abroad for treatment. The investigation believes that permits from the Ministry of Health were needed, and we claim that in this case he was treated not at the expense of the state, but at his own, so those permits were not needed," says Makovetsky.
The criminal proceeding is being investigated by the State Bureau of Investigation. Our sources in this structure do not rule out that it will take about a month to complete the investigation, after which the materials can be sent to court.
In turn, the Specialized Defense Prosecutor's Office of the Southern Region told Human Rights Watch that the court had recently extended Borisov's detention.
"As you know, on July 24, Borisov was detained (by SBI employees – Ed.), then a measure of restraint in the form of detention was chosen. The detention has been extended until October 22 (this may indicate that the investigation proved in court that there are risks, for example, of Borisov's escape – Ed.). The investigation is ongoing, the approach is very thorough," Eduard Pleshko, head of the information policy and communications department of the Specialized Defense Prosecutor's Office of the Southern Region, told TSN.ua.
Scandal around Borisov: what is known
At the end of April, former MP Ihor Mosiychuk claimed that the head of the Odesa Regional Military Commissariat, Yevhen Borysov, allegedly had financial benefits from possible illegal activities. This allegedly allowed him to buy a villa in Spain worth 3 million 950 thousand rubles. €2 million for his retired mother and an office for his wife for €368 million. In addition, one of the online publications, <>.media, claimed that Borisov went to Spain at the end of last year to rest at an elite resort.
The South Operational Command then reacted to the scandal and noted that they would check the relevant information. The department also emphasized that the military commissar was removed from his duties, and stressed that they would unconditionally contribute to the investigation of all published data.
After that, the SBI initiated proceedings regarding the facts of abuse by the head of the Odesa Military Commissariat during the conscription of persons liable for military service.
"The SBI employees initiated criminal proceedings on the fact of abuse of office by the head of the Odesa Regional Territorial Center for Recruitment and Social Support during mobilization measures. According to operative data, for a reward, the official instructed his subordinates not to call up certain persons. The sanction of the article provides for a sentence of up to 12 years in prison," the press service of the SBI reported.
Earlier it was reported that in June, President of Ukraine Volodymyr Zelensky instructed to urgently dismiss the head of the Odessa regional TCC.
Another one was arrested
Meanwhile, law enforcement officers seem to have found even more evidence and grounds to arrest the second person involved in the high-profile story in the Lviv region. According to the State Bureau of Investigation, the other day in Sambir, Lviv region, in the premises of the TCC, two employees of the military enlistment office illegally detained and tortured two men. According to the SBI, the military enlistment office tried to force both men to "voluntarily" undergo a military medical commission for further mobilization, to which they did not agree. One of the victims was held in the premises of the military registration and enlistment office for 10 days, the other for 7. An employee of the military enlistment office punched and kicked one of the victims on the body and face, threatening him with a weapon.