The Kyiv Court of Appeal overturned the verdict of the former clinic in the Desnyanskiy district of Kiev Vadim Moshkin, who had previously been sentenced to 4 years in prison for not opening the shelter during air alarm.
The case was sent for re -examination in the court of first instance. It became known from the court order of May 28.
He added that the premises of the clinic were not equipped with a loudspeaker, and he had to track the alarm signal on his own through his phone. Moshkin also appealed the existence of order # 301, which placed on the guards the obligation to open the door to the shelter, claiming that he saw it only after the tragedy.
The Court of Appeal heard the testimony of two new witnesses. One of the witnesses – the guard of the clinic (probably Moshkin’s wife) – confirmed that the institution did not hear alarm from the street, and the order to keep the door closed at night existed. The deputy director of the clinic on technical issues noted that the basement was not officially recognized as a shelter, and he did not know about Order # 301.
The decision of the Court of Appeal states that the court of first instance did not analyze all the evidence properly, did not check the protection version of Moshkin’s possibility of reacting in time and did not conduct an investigative experiment to reproduce the circumstances. The judges concluded that the indictment was unjustified, since the court of first instance “formally listed the evidence provided by the prosecution, but did not give them analysis.”
Because of this, the sentence was canceled and the case was returned to a new consideration. The date of the new meeting has not yet been appointed.
It is worth noting that in connection with this tragedy, there are also four officials who are accused of negligence for poor control over the condition and availability of shelters. Among them is the director of the KSCA Municipal Security Department Andriy Tkachuk and the first deputy chairman of the Desnyansk Regional State Administration Irina Alekseenko. They also do not admit their guilt.
It should be reminded that the tragedy, which happened on June 1, 2023, caused widespread public resonance because of the inaction of the capital. In particular, the public was indignant with the irresponsible attitude of the KSCA chairman Vitaliy Klitschko to perform his duties and transfer guilt to a hospital guard. As a result The relevant petition was registered on the removal of Klitschko B. From positionhowever, the latter received only a reprimand and an angry warning from the President about the possible “knockout”.
We hope that this time, the steady and objectivity will be in the first place from the desire to move all the burden of responsibility to the defenseless guardian of the hospital.
