On 11 September, the Pechersk district court of Kiev ruled that information published on the General Prosecutor’s Office of Ukraine’s website on 3 May 2017 was unreliable. It related to supposed thefts of funds in the amount of 4 billion Hryvnias in banks owned by Ukrainian businessman Ruslan Tsyplakov. The court ordered the General Prosecutor’s Office of Ukraine to publish a refutation of this information within a month. This was announced by the managing partner of the Voychenko and Dulsky Lawyers Association Sergey Voychenko.
“The court recognized the information disseminated by the GPOU unreliable on the Internet on 3 May 2017 on the official web portal called ” General Prosecutor’s Office investigates the theft of more than 4 billion hryvnias as a result of which banks were in a state of insolvency”, namely:” … PJSC “CB “Pivdenkombank” and PJSC “Terra Bank”, owned by Ruslan Tsyplakov, of cash funds totaling more than 4 billion hryvnias as a result of which the banks were in a state of insolvency..” is pointed out in the decision of Pechersk District Court.
According to the lawyer, Ruslan Tsyplakov has no relationships to either Terra Bank or Pivdenkombank. “In fact, he has no relation to Terra Bank – he is neither its founder, nor has he ever worked in it. As for Pivdenkombank, again, he served as Chairman of the Supervisory Board. He was not endowed with organizational, managerial functions that would give an opportunity to hold financial events,” says lawyer Sergey Voychenko.
After such a statement, the only way to protect legitimate rights and interests, honour and dignity, and the business reputation of Ruslan Tsyplakov was to file a lawsuit against the GPOU in order for the department to refute unreliable information.
“According to Article 296, Part 4 of the Civil Code of Ukraine, it is forbidden to disclose the surname, the name of a person who is suspected of committing a crime without a court decision that establishes his guilt. There were no court decisions, neither in Ukraine, nor in any other country in the world, which would have established Ruslan Tsyplakov’s guilt to any crime provided for by the Criminal Code of Ukraine. Therefore, respectively, having published the name of Ruslan Tsyplakov, a number of some media quickly picked up this information and began to replicate it” – states the lawyer.
As noted, the court in its decision ordered the GPOU to refute unreliable information regarding Ruslan Tsyplakov through publishing not later than one month from the date of the court’s judgment entry into legal force, in the Internet on the official web portal of the GPOU under the title “Refutation”.
However, according to Sergey Voychenko, although in fact the claim is satisfied, “duty” appeals and attempts not to comply with the court decision by the prosecutor’s office are ahead.
Recall, on 4 May, on the air of News One , lawyer Sergey Voychenko said that law enforcement agencies often make political statements. Under the guise of democratic processes in the country, political repression and the discrediting of business reputation are flourishing through the interaction of law enforcement agencies with corrupted media.