Why was the case not opened against General Yury Sodol: instruction from above or inaction of the State Security Bureau?
The ex-commander of the United Forces of the Ukrainian Armed Forces, Yury Sodol, who is accused of territorial losses, is not being tried due to the lack of criminal proceedings. "Azovets" Bohdan Krotevych accuses the DBR of inaction. "Focus" journalists investigated whether it is possible to expect a fair sentence for the general. The scandal surrounding the ex-commander of the United Forces of the Armed Forces of Ukraine Yury Sodol continues. The Chief of Staff of the 12th Brigade of the National Guard "Azov" Bohdan Krotevych calls on the SBI to start an investigation into the activities of the general.
Why is Sodol's case not progressing?
The founder of the legal company Prikhodko&Partners, lawyer Andriy Prykhodko, Andriy Prykhodko explained in an interview with the Focus press that in accordance with Article 214 of the Criminal Procedure Code of Ukraine, an investigator, inquirer or prosecutor is obliged to immediately enter relevant information into the Unified register of pre-trial investigations (ERDR) and start an investigation. Krotevych sued the SBI because of failure to report the crime to the EDPR, which is a violation of the Criminal Procedure Code. According to the lawyer, any application must be considered and entered into the register, and further actions are determined by the investigator. The refusal of the SBI can be challenged in court, which will decide whether there are grounds for starting an investigation against General Sodol.
The lawyer explains that any report of a crime should be filed with the EDPR and investigated. If the information is not confirmed, the case is closed due to the lack of a crime. According to Pryhodko, law enforcement officers sometimes formally approach this, refusing to provide information. The court, considering Krotevych's complaint, will decide whether there are grounds for investigating Sodol's actions and may oblige the SBI to start a pre-trial investigation.
The expert emphasizes that the pre-trial investigation will not be conducted specifically against Sodol, but based on the fact of possible illegal actions. The principle of inevitability of punishment is key along with the presumption of innocence. Even in times of war, when some consider it inappropriate to hold the military command accountable, statutes of limitations allow these matters to be investigated later.
