The Appeal Chamber of the High Anti-Corruption Court of Ukraine upheld the arrest in absentia of VB PARTNERS client Oleksandr Dubilet, the Former Chairman of the Board of Privatbank.

However, we, as a side of the defense, believe that the decision is unlawful and needs further explanations. The court violated the law during the election of such a preventive measure!

The resonance in the business and legal community regarding the “Privatbank” case is connected not only with the extraordinary length and complexity of this process, but also with its political motivation and the “record” amount of claimed “losses”.

The process of choosing a preventive measure took over a year, which already indicates the weakness of the investigation`s position.

Review chronology:

  1. in early July 2021, the court made its first decision to arrest Dubilet in absentia. However, we have proved the unreasonable nature of the enforced arrest – the Appeal Chamber overturned the unlawful decision of the High Anti-Corruption Court of Ukraine;
  2. later, the investigation, by manipulations, artificially separated the case into new criminal proceedings to revive the question of arrest in absentia. The court of first instance chose a preventive measure. The court of appeal declined to consider this decision;
  3. however, in the Supreme Court we managed to prove our position on the possibility of reviewing such a decision in the court of appeal – the case has been submitted for new consideration;
  4. recently, the Appeal Chamber upheld the decision regarding the arrest in absentia.

Obvious violations:

  • arrest in absentia may not be imposed on someone who is not in hiding. And the investigation is aware that Mr. Dubilet is registered with the consular department in Israel;
  • the court unjustifiably did not allow him to participate in the hearing, although prior to that our client had repeatedly participated in the process remotely (by video conference).

This complex cross-border project is being implemented under the guidance of attorneys – Denys Bugay and Sergii Boiko.

Procedural actions and collection of evidence are conducted in several jurisdictions. Active work is also ongoing with the Commission for the Control of Interpol`s Files. In particular, we have a positive result – the unlawful publication of a red notice regarding Oleksandr Dubilet was blocked on the gathered evidence that prove the political motivation.

We continue working – the exhaustion of the national means of protection gives an opportunity to bring the case before the ECHR!