Appeal over pre-trial measure for Andriy Yermak: court delivers ruling

Appeal over pre-trial measure for Andriy Yermak: court delivers ruling

Photo: Getty Images

The Appeals Chamber of the High Anti-Corruption Court (HACC) reviewed the complaint filed by former Head of the Presidential Office Andriy Yermak regarding the preventive measure imposed in a money laundering case. The court ruled to leave the decision unchanged.

Yermak’s lawyer had asked the court to cancel the HACC ruling on detention of the former OPU chief and to reject the request filed by the Specialized Anti-Corruption Prosecutor’s Office (SAPO). Yermak himself reiterated that he considers the suspicion against him unfounded, claiming there is no evidence supporting the charges.

He also stated again that he did not flee Ukraine when information about a possible indictment began circulating. According to Yermak, “the mere fact of some construction is not a fact of a crime.” He added that he complied with procedural obligations, including wearing an electronic bracelet and surrendering his foreign passports.

Regarding bail, Yermak said he intended to post around UAH 10 million for himself but was unable to do so because he was taken into pre-trial detention.

The SAPO prosecutor argued that without a preventive measure there is a “risk of both committing another criminal offense and continuing the alleged one.” She stated that participants in the scheme allegedly discussed the completion of construction works in the “Dynastiya” residential complex and their transfer into private ownership, and also referenced pressure allegedly exerted on experts in the case.

The prosecutor considered the bail amount of UAH 140 million insufficient, noting it is only slightly higher than the funds allegedly allocated for construction in the “Dynastiya” project. She argued that the risk of losing bail should outweigh the risks of violating the preventive measure.

The prosecutor also responded to claims from Yermak’s defense that he had no connection to the residence construction. She referred to evidence allegedly found on the phone of the wife of former Deputy Prime Minister Oleksii Chernyshov, according to which a person referred to as “R2,” believed by investigators to be Yermak, was not only overseeing funds but also interfering in construction works, procurement, and auditing processes.

During the hearing, one judge noted that attorney Oleksii Shevchuk had allegedly offered to take Yermak on personal guarantee. When asked whether he knew Shevchuk, Yermak said he had heard of him but did not personally know him.

Shevchuk is a well-known lawyer who this year was appointed to the selection commission for prosecutors for senior positions in SAPO, though his candidacy raised questions. He previously defended former MP Ilya Kiva (killed in Russia) and former MP Oleksandr Onyshchenko.

Last week, HACC ordered Yermak’s detention and set bail at UAH 140 million. A few days later, he was released after bail was posted by seven companies and seven individuals. Following his release, Yermak is required to comply with procedural obligations.

On May 11, former Head of the Presidential Office Andriy Yermak was served with a suspicion by anti-corruption authorities in connection with elite properties in the “Dynastiya” cooperative, where over UAH 460 million were allegedly laundered through corruption schemes in Energoatom.

According to media reports, one of the four houses belonged to him, while others were linked to former Deputy Prime Minister Oleksii Chernyshov, a close friend and business partner of President Volodymyr Zelenskyy Timur Mindich, and a person referred to in recordings as “Vova.” The anti-corruption bodies later stated that President Zelenskyy is not a subject of the investigation.

An opinion article argues that the bail case became a key moment revealing the essence of Zelenskyy’s system of governance.

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