The resolution says that the Court has not found grounds, which prove Kuchma's involvement into the crime.
Having analyzed the materials the court established that the only ground for institution of the criminal case by prosecutor Kuzmin was audio recordings made by former state security major Mykola Melnichenko. But according to the Constitution Court decision, accusations can not be based on proofs obtained illegally. In this connection the Court decreed that Mykola Melnichenko, not being authorized to carry out investigative activity, obtained the given recordings illegally. "Hence, the recordings cannot be used as a proof in court," the resolution says.
The decision can be appealed within seven days.
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