The arrest of the head of Donetsk region council Boris Kolesnikov and removal of judicial sitting to more early term have nothing common with legality…

April 5 the prime minister of Ukraine, Julia Timoshenko, made very exact forecast. She declared that the case of re-privatization of "Krivorozhstal" would be examined in Court at the end of April of this year. Timoshenko’s supposition about so early terms of judicial sitting seemed to be erroneous.  After all, Economic court of Kiev set the hearing of this case on May 10. However, Timoshenko appeared to be right. Two days passed after Timoshenko’s statement and court changed its mind and set the hearing on April 11. Chief Judge Hilinskaya was suspended and the judge Davidova took her place.

There are two explanations of this situation. Possibly, Julia Timoshenko guessed by her sixth sense that the sitting would be removed; but supposition, that these two cases – the Timoshenko’s statement about soon judicial sitting and removal of the sitting to more early term – are connected by causal and consequent relationship, seems to be more possible. Ukrainian Courts are formally independent of executive power. However, Economic Court met the wishes of Julia Timoshenko. It is still unknown whether the court will meet premier’s wishes examining "Krivorozhstal’s case".

On a press-conference Timoshenko declared that she hopes on legal court decision. She also underlined which decision she considers legal – to return "Krivorozhstal" to the state property. Court decision does not matter in this case. The prime minister set the term of judicial sitting and announced court decision by herself.

Boris Kolesnikov’s arrest was also illegal, as well as the removal of hearing of "Krivorozhstal’s case". April 6 the head of Donetsk region council was called to General Prosecution as a witness in case of separatism of Eastern Ukraine. After he had given evidence and went out of the cabinet, police officials came to him, put handcuffs on and brought to investigative isolator. There he was interrogated in connection with the case of extortion.

During judicial sitting Kolesnikov declared that he was pressed by Secretariat of President. "Party of regions" formed a list of candidates, which are going to pass in Verkhovna Rada. The accused was responsible for the formation of this list, and representatives of Secretariat, according to Kolesnikov, demanded to include some persons, necessary for Secretariat, in this list . Kolesnikov refused.

"Kolesnikov’s case" will not be a single one. The head of Ministry of Internal affairs, Yurij Lucenko, declared April 7: "This case will be brought to a high-level and will touch many well-known politicians: former ministers, former heads of region administrations and directors of large-scale enterprises".

Such actions and statements are evidence of the fact that Court is not needed for making decisions and sentences. Executive power performs its functions well.

Nickolay Shirkis

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