Mykolaiv Court of Appeal rejects Bashtanka mayor's appeal against his suspension

The mayor of Bashtanka has been suspended until 19 October. Photo from the Facebook page of the Bashtanka City Council

The mayor of Bashtanka, Oleksandr Berehovyi, tried to appeal the decision of the Bashtanka District Court to remove him from office, but the appeal upheld the ruling.

The relevant decision was made by the court on 6 November, according to NikVesti.

As a reminder, Oleksandr Berehovyi was suspended from office until 19 October as part of a criminal investigation into his suspicion of embezzlement of budget funds during the purchase of clothing for the military. The prosecutor's office filed a motion with the court to extend the suspension, stating that the risks that led to this decision have not disappeared. According to the prosecution, while in office, the mayor could influence his subordinates, witnesses or documents, as well as leave Ukraine.

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The defence, in turn, argued that the court of first instance had formally considered the prosecutor's motion without properly checking its validity. The lawyer stressed that the prosecution had not provided evidence to confirm the existence of real risks of the suspect influencing witnesses, destroying documents or obstructing the investigation.

However, the Court of Appeal stated that the risks provided for in Article 157(1) of the CPC of Ukraine, which were the basis for the suspension of the latter from office, had not diminished or disappeared.

Moreover, the court emphasised that since the pre-trial investigation has not yet been completed, interference with the rights of the mayor, including removal from office, is necessary and justified until all procedural actions are completed.

What is Oleksandr Berehovyi suspected of?

Bashtanka Mayor Oleksandr Berehovyi was notified of the suspicion on 19 August in a statement by Prosecutor General Ruslan Kravchenko. Investigators suspect him of embezzling 1.2 million hryvnias for the purchase of clothing for military personnel. If found guilty, he faces 7 to 12 years in prison.

During the first court hearing, Oleksandr Berehovyi became ill. The day after the court's decision to arrest him on 3 September, he was released from the pre-trialdetention centre. As reported by NikVesti, his wife, Elizaveta Berehova, posted bail for him. On 9 September, the Bashtanka District Court removed from office the mayor Oleksandr Berehovyi, who was elected from the political party «Servant of the People».