Criminal Cases Against Yulia Tymoshenko Since 2010
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Since May 2010,Ukrainian opposition leader faces criminal charges
Euronews (12 May 2010)
a series of criminal cases have been opened against
Ukrainian Ukrainian may refer to: * Something of, from, or related to Ukraine * Something relating to Ukrainians, an East Slavic people from Eastern Europe * Something relating to demographics of Ukraine in terms of demography and population of Ukraine * So ...
politician and former
Prime Minister of Ukraine The prime minister of Ukraine ( uk, Прем'єр-міністр України, ) is the head of government of Ukraine. The prime minister presides over the Cabinet of Ministers of Ukraine, which is the highest body of the executive branch of th ...
Yulia Tymoshenko Yulia Volodymyrivna Tymoshenko ( uk, Юлія Володимирівна Тимошенко, ; Hrihyan ();Euromaidan revolution The Revolution of Dignity ( uk, Революція гідності, translit=Revoliutsiia hidnosti) also known as the Maidan Revolution or the Ukrainian Revolution,
, following a revision of the
Criminal Code of Ukraine The legal system of Ukraine is based on the framework of civil law, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law are not as common, though case law is of ...
that effectively decriminalized the actions for which she was imprisoned, she was cleared of all charges.Ukraine's Tymoshenko Declares Presidential Candidacy
,
Voice of America Voice of America (VOA or VoA) is the state-owned news network and international radio broadcaster of the United States of America. It is the largest and oldest U.S.-funded international broadcaster. VOA produces digital, TV, and radio content ...
(27 March 2014)
She was officially rehabilitated on February 28, 2014.Ukraine: Speaker Oleksandr Turchynov named interim president
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
(23 February 2014)
Ukraine protests timeline
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
(23 February 2014)
Just after the Euromaidan revolution, the Ukrainian Supreme Court closed the case and found that "no crime was committed". By November 2011 Tymoshenko was under
criminal investigation Criminal investigation is an applied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation can include searching, interviews, interrogations, evidence collection and preservat ...
for ten
criminal acts In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
;
Ukrainian prosecutor The judicial system of Ukraine is outlined in the 1996 Constitution of Ukraine.Supreme Court judges in 2003, * misuse of public finances in 2009 — criminal cases involving "ambulances for rural medicine" and "Kyoto money" ( funds that Ukraine received for selling their quotas under the Kyoto Protocol), *
abuse of office Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
over a natural gas imports contract signed with Russia in January 2009, * criminal case on " United Energy Systems of Ukraine" (UESU) (1996-1997) is constantly reopened (in 2001, 2011) and closed (in 2001, 2003, 2005). Was reopened in Ukraine on 24 October 2011 (non-delivery by UESU of goods to
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
for $405.5 million in 1996-1997, 4 cases of tax evasion by UESU in 1996-1997),How Ukraine Became a Market Economy and Democracy
by Anders Åslund,
Peterson Institute for International Economics The Peterson Institute for International Economics (PIIE), known until 2006 as the Institute for International Economics (IIE), is an American think tank based in Washington, D.C. It was founded by C. Fred Bergsten in 1981 and has been led by ...
, 2009, (page 94)
* involvement in the 1996 murder of oligarch Yevhen Shcherban in
Donetsk Donetsk ( , ; uk, Донецьк, translit=Donets'k ; russian: Донецк ), formerly known as Aleksandrovka, Yuzivka (or Hughesovka), Stalin and Stalino (see also: cities' alternative names), is an industrial city in eastern Ukraine loca ...
. In addition Tymoshenko's lawyer
Serhiy Vlasenko Serhiy Vlasenko ( uk, Сергій Володимирович Власенко; born on 7 March 1967 in LvivBiog ...
stood accused of car theft, robbery and failing to obey a court ruling stemming from his divorce. On 11 October 2011, a Ukrainian court sentenced Tymoshenko to seven years in prison after she was found guilty of abusing her office when brokering the 2009 gas deal with Russia.Ukraine ex-PM Yulia Tymoshenko jailed over gas deal
BBC News (11 October 2011)
From 5 August 2011 until her release, Tymoshenko was held in custody. At first she was held in
Kyiv Kyiv, also spelled Kiev, is the capital and most populous city of Ukraine. It is in north-central Ukraine along the Dnieper River. As of 1 January 2021, its population was 2,962,180, making Kyiv the seventh-most populous city in Europe. Kyi ...
, before being imprisoned in
Kharkiv Kharkiv ( uk, wikt:Харків, Ха́рків, ), also known as Kharkov (russian: Харькoв, ), is the second-largest List of cities in Ukraine, city and List of hromadas of Ukraine, municipality in Ukraine. From May 2012 until the date of her release, she was hospitalized and received treatment for a
spinal disc herniation Spinal disc herniation is an injury to the cushioning and connective tissue between vertebrae, usually caused by excessive strain or trauma to the spine. It may result in back pain, pain or sensation in different parts of the body, and physical ...
.Opposition leaders visit Tymoshenko's hospital
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
(13 November 2012)
German doctors arrive at Kharkiv-based clinic to see Tymoshenko
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
(15 November 2012)
Rome mayor's office puts up Tymoshenko portrait on facade
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
(26 November 2012)
France disappointed by Tymoshenko appeal rejection
Russian Legal Information Agency (31 August 2012)
Tymoshenko went on three
hunger strike A hunger strike is a method of non-violent resistance in which participants fast as an act of political protest, or to provoke a feeling of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most ...
s during her imprisonment.Yulia Tymoshenko ends hunger strike after hospital move
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
(May 9th 2012)
Tymoshenko to decide whether to continue hunger strike
''
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
'' (13 November 2012)
Representatives of several countries and human rights organizations have rated the trials against Tymoshenko as "selective justice" and "political persecution". The European Union shelved the
European Union Association Agreement A European Union Association Agreement or simply Association Agreement (AA) is a treaty between the European Union (EU), its Member States and a non-EU country that creates a framework for co-operation between them. Areas frequently covered by s ...
and Deep and Comprehensive Free Trade Agreement with Ukraine, and EU leaders suggested that these agreements would not be ratified unless Ukraine addressed concerns over a "stark deterioration of democracy and the rule of law", including the imprisonment of Tymoshenko and
Yuriy Lutsenko Yuriy Vitaliyovych Lutsenko ( uk, Юрій Віталійович Луценко; born 14 December 1964) is a Ukrainian politician whose most recent post was Prosecutor General of Ukraine from 12 May 2016EU leaders:Ratification of Association Agreement and DCFTA depends on settlement of Tymoshenko-Lutsenko issue
''
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
'' (20 July 2012)
Ukraine's Lutsenko jailed for 4 years (updated)
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
(27 February 2012)
Tymoshenko and her supporters saw the trials (and other similar trials) as political payback by
Ukrainian President The president of Ukraine ( uk, Президент України, Prezydent Ukrainy) is the head of state of Ukraine. The president represents the nation in international relations, administers the foreign political activity of the state, condu ...
Viktor Yanukovych Viktor Fedorovych Yanukovych ( uk, Віктор Федорович Янукович, ; ; born 9 July 1950) is a former politician who served as the fourth president of Ukraine from 2010 until he was removed from office in the Revolution of D ...
and his
Party of Regions The Party of Regions ( uk, Партія регіонів, Partiia rehioniv, ; russian: Партия регионов, Partiya regionov) was a pro-Russian political party in Ukraine formed in late 1997 that then grew to be the biggest party of U ...
. kraine: Tymoshenko on trial in Kyiv for abuse of power BBC News (24 June 2011)Q&A: Ukraine's Yulia Tymoshenko on trial
BBC News (9 August 2011)
Ukraine timeline
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
Both have denied this. According to President Yanukovych the cases were non-partisan measures to combat
corruption in Ukraine Corruption is a historical issue in Ukrainian society often tied to a troubled relationship with Russia. Since regaining independence from Russia; Ukraine has faced a series of politicians, criminal bosses, and oligarchs who used corruption of ...
. He also hinted in late February 2012 that he could pardon Tymoshenko if she would apply for it, but this option was brushed aside by Tymoshenko.


"Сrackdown of opposition" in Ukraine


The point of view of the EU, the U.S., Russia

The
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
(EU) and EU member states, along with the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
,
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
and
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
(as well as Amnesty International and
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
) expressed concern that the allegations against Tymoshenko did not constitute crimes and that the charges were politically motivated. The
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
and the United States have stated that this phrasing also applies to the prosecution of dozens other former ministers and officials, including former Ukrainian minister Bohdan Danylyshyn, who was granted
political asylum The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another ent ...
in the
Czech Republic The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
in January 2011 "because his prosecution may be politically motivated".Ukraine's Tymoshenko given 7 years in jail
CBC News CBC News is a division of the Canadian Broadcasting Corporation responsible for the news gathering and production of news programs on the corporation's English-language operations, namely CBC Television, CBC Radio, CBC News Network, and CBC.ca ...
(11 October 2011)
Reaction to Tymoshenko verdict swift and harsh
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
(11 October 2011)
Yulia Tymoshenko says Ukraine trial 'like Stalin's Soviet Union' as she is jailed for 7 years
telegraph.co.uk ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was fo ...
(11 October 2011)
Ukraine minister insists Yulia Tymoshenko broke the law
telegraph.co.uk ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was fo ...
(29 August 2012)
Ukraine jails Tymoshenko for 7 years, irks EU, Russia
Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was esta ...
(11 October 2011)
Ukrainian ex-minister gets asylum
The Prague Post ''The Prague Post'' was an English language newspaper covering the Czech Republic and Central and Eastern Europe which published its first weekly issue on October 1, 1991. It published a printed edition weekly until July 2013, when it dropped the ...
(19 January 2011)
U.S. Concerned Over Ukraine’s Prosecution of Former Officials
Bloomberg L.P. Bloomberg L.P. is a privately held financial, software, data, and media company headquartered in Midtown Manhattan, New York City. It was co-founded by Michael Bloomberg in 1981, with Thomas Secunda, Duncan MacMillan, Charles Zegar, and a 1 ...
(30 December 2010)
U.S. State Department points to politically motivated prosecution of former officials in Ukraine in its human rights report
Interfax-Ukraine (24 May 2012)
World Report 2012: Ukraine
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...

A few more goals for Ukraine
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
(11 June 2012)
In 2012-2013, government and non-governmental organizations in Europe and the United States more clearly indicated the presence of
political prisoners A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention. There is no internationally recognized legal definition of the concept, although nu ...
in Ukraine. On May 23, 2012, the European Parliament issued a resolution that, for the first time, explicitly referenced "political prisoners in Ukraine". . Tymoshenko and her colleagues were described as "political prisoners" in the report, which was adopted at the June session of the PACE (2013) : * "4.1.6. Conclusion: Yulia Tymoshenko as a presumed political prisoner under Assembly Resolution 1900 (2012). :71. The analysis of key issues as presented above, in light of the criteria for the definition of political prisoners in Resolution 1900 (2012), leads to a fairly compelling result, namely that Ms Tymoshenko must be recognised as a presumed political prisoner: :1) Ms Tymoshenko is a key opposition leader and main rival of the current President. She was sentenced to a particularly harsh seven-year prison term on the basis of vague abuse-of-office charges. :2) These charges effectively criminalised the political decision she had taken as Prime Minister in favour of an agreement with Russia to end an acute crisis threatening the provision of gas to Ukraine and other European countries. :3) The prosecution and trial were marred by numerous presumptive procedural violations. :4) Ms Tymoshenko was also put under intense physical and psychological pressure, both during pretrial detention and in post-conviction custody. Her family, lawyers and political allies, in particular Mr Vlasenko, have also suffered from a co-ordinated campaign of harassment and persecution by the authorities. :5) The legally and factually dubious nature of the new charges brought against her further underpins their political motivation"


Yanukovych's point of view

Ukrainian President The president of Ukraine ( uk, Президент України, Prezydent Ukrainy) is the head of state of Ukraine. The president represents the nation in international relations, administers the foreign political activity of the state, condu ...
Viktor Yanukovych Viktor Fedorovych Yanukovych ( uk, Віктор Федорович Янукович, ; ; born 9 July 1950) is a former politician who served as the fourth president of Ukraine from 2010 until he was removed from office in the Revolution of D ...
and the
Party of Regions The Party of Regions ( uk, Партія регіонів, Partiia rehioniv, ; russian: Партия регионов, Partiya regionov) was a pro-Russian political party in Ukraine formed in late 1997 that then grew to be the biggest party of U ...
came to power in February 2010 following the Ukrainian presidential elections of 2010, where Tymoshenko lost to Yanukovych after gaining 45.5% of the votes in the second and final round.Because no candidate in the first round ballot had 50% or more votes, the two highest polling candidates faced off in a second round of the elections (Source
Presidential election gets under way in Ukraine
''Kyiv Post'' (17 January 2010))
Ukrainian PM to face old rival in runoff election
Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was esta ...
(18 January 2010)
Regular elections of the President of Ukraine 17 January 2010
Central Election Commission of Ukraine
). Yanukovych and his allies have been accused of trying to create a "controlled democracy" in Ukraine, and of trying to "destroy" the main opposition party
BYuT The Yulia Tymoshenko Bloc ( uk, Блок Юлії Тимошенко, БЮТ; Blok Yuliyi Tymoshenko, BYuT) was the name of the bloc of political parties in Ukraine led by Yulia Tymoshenko since 2001. In November 2011, the participation of bloc ...
(BYuT was dissolved in December 2012, but the core party of the alliance "
Fatherland A homeland is a place where a cultural, national, or racial identity has formed. The definition can also mean simply one's country of birth. When used as a proper noun, the Homeland, as well as its equivalents in other languages, often has ethn ...
" remained a major force in Ukrainian politics (Tymoshenko was the leader of this partyTomenko:Batkivschyna not planning to change its leader Tymoshenko
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
(4 December 2012)
))After the parliamentary elections in Ukraine: a tough victory for the Party of Regions
Centre for Eastern Studies The Centre for Eastern Studies ( pl, Ośrodek Studiów Wschodnich, OSW) is a Warsaw-based think tank that undertakes independent research on the political, economic and social situation in Central and Eastern Europe, Balkans, Caucasus and Centra ...
(7 November 2012)
You Scratch My Back, and I’ll Scratch Yours
The Ukrainian Week ''The Ukrainian Week'' ( uk, Український Тиждень, translit=Ukrainskyi Tyzhden) is an illustrated weekly magazine covering politics, economics and the arts and aimed at the socially engaged Ukrainian-language reader. It provides ...
(26 September 2012)
. Both have denied these charges.Ukraine right-wing politics: is the genie out of the bottle?
openDemocracy.net (3 January 2011)
Ukraine viewpoint: Novelist Andrey Kurkov
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
(13 January 2011)
Criminal cases were opened, in the spring of 2010, against a dozen former officials from the second Tymoshenko Government, who were also given prison terms). Some observers speculated that these trials were part of what they described as
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Viktor Yanukovych Viktor Fedorovych Yanukovych ( uk, Віктор Федорович Янукович, ; ; born 9 July 1950) is a former politician who served as the fourth president of Ukraine from 2010 until he was removed from office in the Revolution of D ...
’s crackdown on his political opponents.Ukrainian ex-Minister Lutsenko Jailed for Two Years
RIA Novosti (17 August 2012)
Other former top officials who served with this cabinet and other members of Tymoshenko's "Fatherland" (party) were also arrested on "abuse of power" charges in the period following February 2010.Ukraine’s Oligarchs and Democratic Regression: Why Are They Silent?
The Jamestown Foundation The Jamestown Foundation is a Washington, D.C.-based conservative defense policy think tank. Founded in 1984 as a platform to support Soviet defectors, its stated mission today is to inform and educate policy makers about events and trends, wh ...
(22 September 2010)
The opposition against Yanukovych again dismissed these arrests as "political persecution".Brussels Chooses to Initial Only Part of Association Agreement with Ukraine
The Jamestown Foundation The Jamestown Foundation is a Washington, D.C.-based conservative defense policy think tank. Founded in 1984 as a platform to support Soviet defectors, its stated mission today is to inform and educate policy makers about events and trends, wh ...
(2 April 2012)
Tymoshenko asks Italian government not to extradite Avakov to Ukraine
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
(5 April 2012)
Yanukovych has stated these arrests should be seen as only "a serious battle against corruption". Yanukovych denied any involvement in a "crackdown of opposition". In a press conference on 12 May 2010, President Yanukovych's representative in the
Verkhovna Rada The Verkhovna Rada of Ukraine ( uk, Верхо́вна Ра́да Украї́ни, translit=, Verkhovna Rada Ukrainy, translation=Supreme Council of Ukraine, Ukrainian abbreviation ''ВРУ''), often simply Verkhovna Rada or just Rada, is the ...
, Yury Miroshnychenko, stated that Yanukovych was against political repression for criticism of the regime. President According to Yanukovych (on 4 February 2011) "many lies told and attempts made to misinform the international community and ordinary people in Ukraine about the true state of affairs in the country". He also stated that "a crushing blow delivered under his rule to corruption and bureaucracy has been met with resistance". In February 2012, however, Yanukovych stated that the trial of Tymoshenko and other former officials "didn't meet European standards and principles". Tymoshenko herself filed lawsuit in courts outside Ukraine, demanding that
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
Mykola Azarov Mykola Yanovych Azarov ( uk, Мико́ла Я́нович Аза́ров, ; né Pakhlo; Cyrillic: Пахло; born 17 December 1947) is a Ukrainian politician who was the Prime Minister of Ukraine from 11 March 2010 to 27 January 2014. He was t ...
be banned from making statements about her alleged involvement in the crimes of former Prime Minister Pavlo Lazarenko.


Criminal cases against Tymoshenko prior to 2010

Criminal cases against Yulia Tymoshenko were initiated: * In 2001 (before the parliamentary elections of 2002): in January in Ukraine; in August, 2001 – in Russia. * In 2004 ( before the presidential elections of 2004): in May in Ukraine; in September (15.09.2004) — in Russia. Those cases were opened concerning United Energy Systems of Ukraine (UESU) activity in 1996–1997 years. In Ukraine, the UESU cases were closed at the beginning of 2005 (for lack of evidence); in Russia - in December 2005 (as a result of expiry of the period of limitation).


Cases since 2010

Certain analysts and Ukrainian politicians have pointed out that they believe that some Ukrainian business tycoons with "lucrative relations" with Russia are deliberately hindering Ukraine's European Union integration and are using Tymoshenko's trial as a tool in these attempts. Tymoshenko is a former owner of United Energy Systems of Ukraine.


Reopening of the case of intent to bribe the judges of the Supreme Court in 2003

In June 2004 (it was the beginning of the presidential elections in Ukraine) Tymoshenko was accused that she was going to bribe the judges of the Supreme Court in 2003 (exactly "was going to bribe", because there was no attempt to "transfer bribes") with the aim to release from jail her father-in-law Hennady Tymoshenko and Antonina Bolyura (both worked for United Energy Systems of Ukraine). The essence of the criminal case: in June 2004, Ukrainian TV showed a video material — Yu. Tymoshenko (and her bodyguard) were shown in the office of some lawyer (it was he who made the recording) who had promised to procure in re-hearing Tymoshenko's father-in-law's lawsuit. Tymoshenko hurried up the lawyer and was disturbed with his resultless efforts despite money given to him. It is important to emphasize that Hennadi Tymoshenko in prison suffered a microinsult. Just based on that video recording, a criminal suit was initiated against Tymoshenko under the articles 15 part 2 and 369 part 1 of the Criminal Code of Ukraine. But this criminal case was closed in 2004, under Kuchma presidency. A 2004 criminal case against Tymoshenko on accusations she had planned to bribe Supreme Court judges in 2003 — was reopened 12 May 2010.Ukraine reopens bribery case against Yulia Tymoshenko
Telegraph.co.uk ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was fo ...
(13 May 2010)
However, on this criminal case no message almost since its opening in 2010. This criminal case fell apart again. It should also be said that Hennady Tymoshenko died May 24, 2012, aged 75 years. Yulia Tymoshenko at the time was in prison, she was not given permission to attend the funeral of the man, whom she called "father".


Criminal cases involving "Kyoto money" and "ambulances for rural medicine"


Joint auditing by Minfin of Ukraine and the US firm Trout Cacheris

On 5 May 2010 Azarov's Cabinet of Ministers made a decision to attract the fir
Trout Cacheris PLLC (Washington)
to audit Timoshenko's office activities in 2007–2010 years (two more firms

and an Investigation Agency Kroll Inc., were hired as subcontractors). More than 10 mln US dollars were planned to pay for auditing. On 15 October 2010 (after abolition of the Ukrainian Constitution on October, the 1st and before the beginning of the regional elections on October, the 31st), Azarov government (namely, Auditing Department of Financial Ministry) completed auditing Tymoshenko's second government activities. The two US firms were involved in auditing
Trout Cacheris PLLC
an

(it could be seen indicative that the US Embassy in Ukraine set themselves apart from those firms). Upon completion of the auditing, the Auditing Department of the Ukrainian Ministry of Finance declared 43 bln grn (that is $5 billion) "misuse" of state money. However, а month later this amount was 15 times reduced and the money appeared not to be "stolen" but transferred to the Ukrainian Pension Fund. Actually, it was the money (320 mln euros) received from selling to Japan a "greenhouse gas emanation quota". Such a transaction was quite a new for Ukraine, and Tymoshenko government were proud to implement it, the more so that it was done at the time of the "world global crisis 2008-2009". Tymoshenko was charged with, principally, two violations, on which basis the two criminal cases were opened: 1) On 2 December 2010 Yulia Tymoshenko was first called to the Procurator's Office of Ukraine as for the "Kyoto money" case. Tymoshenko was accused of transferring 320 mln euros, the money which had been received from selling Japan a "greenhouse gas emanation quota" to the Ukrainian Pension Fund (in 2009 year of global crisis) instead of spending it for planting forests (as required by Kyoto Protocol). On the 30th of December (on the very eve of the New Year celebration) she was under interrogation during 12 hours in a row (from 12 a.m. to 12 p.m.). On 16 December 2010 Ukrainian law enforcers started a criminal case against Tymoshenko for illegal use of funds - the money (that Ukraine received for selling their quotas under the Kyoto Protocol) was transferred to the Pension Fund of Ukraine, and used for the payment of pensions to the population of Ukraine. 2) On 27 January 2011 the case on purchasing, in 2009, a thousand of
Opel Combo The Opel Combo is a panel van and leisure activity vehicle from the German automaker Opel. The Combo first appeared in 1993, a second generation model was introduced in 2001, and the third was manufactured from December 2011 to December 2017, ba ...
ambulances for the needs of rural medicine was initiated (Tymoshenko was incriminated spending funds in a way that was not envisaged in the 2009 state budget). The cars were supplied from
Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
on credit terms (with payment in 2010) at the price of 12.5 thousand euros (the price did not exceed that on the market). Tymoshenko was charged under the article 365, p. 3, the article 364, p. 2, the article 210, p. 2 of the
Criminal Code of Ukraine The legal system of Ukraine is based on the framework of civil law, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law are not as common, though case law is of ...
(that is, exceeding official authorities; infringement of Budget Law; abuse of office charges, that led to badly unfavourable consequences). In all those cases, procurators do not blame Yu. V. Tymoshenko either in stealing the funds, or in doing the damage, the basis of charges being money misuse.


Travel restrictions. Tymoshenko’s stay in Brussels on March 24–26, 2011

On 15 December 2010 the General Procurator's Office imposed on Tymoshenko "travel restrictions" as a preventive measure. Yet Tymoshenko managed to leave Ukraine for Brussels where she was present (on March, 24-26, 2011) at the summit of the European People's Party at the personal invitations of its leader
Wilfried Martens Wilfried Achiel Emma Martens (; 19 April 1936 – 9 October 2013) was a Belgian politician who served as prime minister of Belgium from 1979 to 1981 and from 1981 to 1992. A member of the Flemish Christian People's Party, during his premiership ...
and the US senator John McCain. Tymoshenko had meetings with the European leading politicians like German Chancellor
Angela Merkel Angela Dorothea Merkel (; ; born 17 July 1954) is a German former politician and scientist who served as Chancellor of Germany from 2005 to 2021. A member of the Christian Democratic Union (CDU), she previously served as Leader of the Opp ...
and
President Sarkozy Nicolas Paul Stéphane Sarközy de Nagy-Bocsa (; ; born 28 January 1955) is a French politician who served as President of France from 2007 to 2012. Born in Paris, he is of Hungarian, Greek Jewish, and French origin. Mayor of Neuilly-sur-Se ...
.


BBC: Authoritative lawyers versus less authoritative auditors (June, 17th, 2011)

On 17 June 2011 in Washington there was a press-conference (see YouTube) of an authoritative American law firm "
Covington & Burling Covington & Burling LLP is an American multinational law firm. Headquartered in Washington, D.C., the firm advises clients on transactional, litigation, regulatory, and public policy matters. In 2021, Vault.com ranked Covington & Burling as ...
" and a large auditing company " BDO USA" (having branch offices in more than 100 countries round the world) to which Yulia Tymoshenko and her party "
Batkivshchyna The All-Ukrainian Union "Fatherland" ( uk, Всеукраїнське об'єднання "Батьківщина", translit=Vseukrains'ke obiednannia "Bat'kivshchyna") referred to as Batkivshchyna (), is a political party in Ukraine led by Pe ...
" applied with the request to evaluate how justified were the charges incriminated to her, as well as to scrutinize the validity of the report ordered by the Azarov government and made by the American law firms "Trout Cacheris" and "
Akin Gump Akin may refer to: People *Akin (given name), a list of people *Akin (surname), a list of people *Akın, a list of people with the Turkish given name or surname Places *Akin, Illinois, a town in the United States *Akin, Aksaray, a village in Ak ...
" (their report was submitted on October, the 14th, 2010 and was used as a basis for initiating further charges against Yulia Tymoshenko). At the above-mentioned conference, the lawyers concluded that: * "The paragraphs on "Kyoto money" and "Opel Combo ambulances" do not worth the paper on which they were printed... As for the current moment, the charges against the former Prime Minister (Tymoshenko) seem to be political by their origin, so as there are not any facts to substantiate them... Conclusions: The facts revealed by us give ground for secure defending from those charges either in a Ukrainian court or in some international court in case if a justified hearing is not possible within Ukraine" * "A limited number of documents which have been analyzed by us, show that the agreement between the Austrian firm Vamed and Ukrmedpostach was signed without any mediators. The price for an Opel ambulance did not exceed that on a market’,- state Covington and Burling. Following this press-conference, the above said cases of Kyoto money and ambulances for rural medicine were suspended by Ukrainian state procurators.


Conference "The Future of Ukraine" and "case against Tymoshenko"

The total assessment of the whole set of criminal cases was given by David Kramer(executive director of Freedom House) at the conference "The Future of Ukraine: Defiance and Consequences of Administrative Actions" (held on July, 7th, 2011 in Washington) and organized by the Peterson Institution of International Economics, The USA and Europe Centre of the Brookings Institution, The Atlantic Council): * "Those investigations can not be trusted any more. These are a chain of convictions against Yulia Tymoshenko following one after another until some of them might “shoot”... I'm applying to my colleagues from the Ukrainian government who are present in here. When you are back home and report before the members of your office, tell them to put an end to these. These are shameful!"


2009 gas deal with Russia


Reading the ruling for the gas case – 2009

On June, the 24th, 2011, the Ukrainian General Procurator’s Office delivered Yu. Tymoshenko the "Ruling for suing her on charges in compliance with the gas case-2009 (p.3 Article 365 of the Criminal Code of Ukraine – power abusing, or exceeding of office authorities resulted in ill effects", which envisages 7 to 10 years of imprisonment): * "Prime Minister of Ukraine Tymoshenko Yu. V., acting purposefully and in personal interests, being aware of groundless and baseless requirements from the Russian part during the talks held in presence of her and the leadership of the government of the Russian Federation, the joint stock company Gazprom, and the national joint stock company Naftogaz Ukrainy … made a decision to adopt the a.m. unfavourable for Ukraine conditions" (from the Ruling of the General Procurator's Office of Ukraine to sue Tymoshenko as accused, p. 5, 24 Jun 2011.)


The essence of "the gas case" in the report of PACE

At the June session of
PACE Pace or paces may refer to: Business *Pace (transit), a bus operator in the suburbs of Chicago, US * Pace Airlines, an American charter airline *Pace Foods, a maker of a popular brand of salsa sold in North America, owned by Campbell Soup Compan ...
(2013) approved a report that focuses on the gas case of Timoshenko: * "47. Ms Tymoshenko was sentenced to a seven-year prison term on the basis of vague abuse-of-office “Excess of authority” – Article 365 of the Ukrainian Criminal Code... 48. The criminal charge against the former Prime Minister was that the deal struck between her and Russian Prime Minister Putin was financially disadvantageous to Ukraine and that it had not been approved in writing beforehand by her cabinet. The political deal between the two prime ministers... was reached in a climate of severe crisis, after Mr Putin had ordered that gas supplies to Ukraine and through Ukraine to western Europe be cut on 5 January 2009. See
The Economist ''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Eco ...
of 8 January 2009 : ...“some countries felt the effect immediately, in bitterly cold weather. Hungary, Slovakia, Bulgaria and Romania were hit hard, but the gas freeze also affects Germany, France and Italy...” On 17 January 2009, Ms Tymoshenko, who was under intense pressure from the European Union and key western European leaders to unblock the situation, reached an agreement of principle with Mr Putin, in Moscow. On 19 January, Naftogas and Gazprom signed the contract... After Ms Tymoshenko's return, on 21 January, the cabinet confirmed the contracts, and on 22 January, the flow of Russian gas to Ukraine and to western Europe was fully restored... Astonishingly, the fact that the cabinet approved the deal two days later is not even mentioned in the judgment"
PACE, Committee on Legal Affairs and Human Rights. Rapporteur : Mr Pieter OMTZIGT (Netherlands, EPP/CD). "Keeping political and criminal responsibility separate" (Doc. 13214). 28 May 2013.
And later in this report said that Tymoshenko could be considered a political prisoner : * "71. The analysis of key issues as presented above, in light of the criteria for the definition of political prisoners in Resolution 1900 (2012), leads to a fairly compelling result, namely that Ms Tymoshenko must be recognised as a presumed political prisoner"
PACE. "Keeping political and criminal responsibility separate" (Doc. 13214). 28 May 2013.


Hearings of witnesses (from 26.07.2011)

Witnesses in the "gas case" were dozens of ex-ministers and known politicians. As for the 26th of July 2011, it was planned to interrogate 38 witnesses for "the part of prosecution". The judge Kireyev gave admission to witness, for the Tymoshenko part, to just two people (out of 33 claimed) - Alexander Turchinov and Michail Lyvinsky. However even "witnesses for the prosecution part" were testifying, mainly, in favour of Tymoshenko. As a result, Tymoshenko wrote in her Twitter: "Kireyev was banned to call “our” witnesses, he got rebuked even for “theirs” (i.e. witnesses from prosecution)". On July, the 26th, 2011, i.e. just as soon as the process of witnessing started, direct teletransmitting from the trial room stopped.


Witnessing by Oleg Dubina, former head of Naftogas, 29.07.2011

The important moment in witnessing by Oleg Dubina (a former Head of Naftogaz) was his proving that "The Gas Agreement of 19.01.2009 was made on provisions that Ukraine could at any moment terminate it without whatever "penalty sanctions from the part of Russia". * To the Tymoshenko's question whether Ukraine is enabled to cancel the agreement at any moment without whatever penalties, Dubina replied positively : "The agreement foresees penalty sanctions for underutilizing gas, but as for the Agreement itself, I can’t tell you for sure, but, I believe, it may be so". Oleg Dubina confirmed that the agreement with Russia was set the standard formula - the price of gas is calculated according to the price of oil.


Witnessing as for the Yushchenko part

It is worth mentioning that at the trial against Tymoshenko almost all the witnesses ( Oleg Dubina, Alexander Turchinov in particular) said that it was President Yushchenko himself who had ruined the price of US$235 per a thousand m3 of gas agreed by Tymoshenko Cabinet for 2009 year; he had recalled Mr. Dubyna, a Head of
Naftogaz Naftogaz of Ukraine ( uk, НАК "Нафтогаз України", ''Naftogaz Ukrayiny''; literally "Petro-Gas of Ukraine") is the largest national oil and gas company of Ukraine. It is a state-owned company
, from Moscow (though
Yushchenko Viktor Andriyovych Yushchenko ( uk, Віктор Андрійович Ющенко, ; born 23 February 1954) is a Ukrainian politician who was the third president of Ukraine from 23 January 2005 to 25 February 2010. As an informal leader of th ...
was not authorized to do that). On the day of Yushchenko witnessing (17.08.2011), Russian mass media sources published the commentary of "a representative from the Kremlin", who said : * "Yushchenko is lying to the trial… in telephone conversations with Medvedev, Yushchenko assured that he fully trusted Yulia Tymoshenko and that she was given the whole scope of necessary authorities and he was in support of the agreements concluded with Russia".


Nagrebelny, an expert from Koretzky Institution of State and Law, 15.08.2011

The "Koretzky Institution of State and Law" is an expert organization in Ukraine; the General Procurator's Office of Ukraine involved the Institution specialists as experts yet at the investigation stage of the gas case. On the 15th of August, 2011, Deputy Director of the Institution Vladimir Nagrebelny presented to the trial an expert conclusion according to which Tymoshenko did not exceed her office authorities in the course of gas talks with Russia: * "By her gas directives, ex-P.M. Yulia Tymoshenko did not exceed her authorities"; * The Institution of State and Law takes the gas directives by Yulia Tymoshenko as "the means necessary for implementation of her duties".


Tymoshenko's trial

Tymoshenko's trial (she was charged in May 2011) over
abuse of office Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
over a natural gas imports contract signed with Russia in January 2009 started on 24 June 2011 in Kyiv. In October 2011
Party of Regions The Party of Regions ( uk, Партія регіонів, Partiia rehioniv, ; russian: Партия регионов, Partiya regionov) was a pro-Russian political party in Ukraine formed in late 1997 that then grew to be the biggest party of U ...
' parliamentary faction leader
Oleksandr Yefremov Oleksandr Yefremov or Aleksandr Efremov ( uk, Олександр Сергійович Єфремов, russian: Алекса́ндр Серге́евич Ефре́мов) is a Ukrainian former parliamentarian and politician. A former governor o ...
stated that this criminal case against Tymoshenko was initiated by the
National Security and Defense Council of Ukraine The National Security and Defense Council of Ukraine (NSDC; uk, Рада національної безпеки і оборони України, RNBO or RNBOU) is the coordinating state body of the executive power under the President of Ukrai ...
in February 2009 at the initiative of (then)
Ukrainian President The president of Ukraine ( uk, Президент України, Prezydent Ukrainy) is the head of state of Ukraine. The president represents the nation in international relations, administers the foreign political activity of the state, condu ...
Viktor Yushchenko Viktor Andriyovych Yushchenko ( uk, Віктор Андрійович Ющенко, ; born 23 February 1954) is a Ukrainian politician who was the third president of Ukraine from 23 January 2005 to 25 February 2010. As an informal leader of th ...
. (A former ally of Tymoshenko) Yushchenko testified against Tymoshenko during the trial; a trial he called "a normal judicial process". On 5 August 2011 Tymoshenko was arrested for "ridiculing court proceedings" during this trail. At the time Tymoshenko was being held at
Lukyanivska Prison Lukianivska Prison ( uk, Лук'янівська в'язниця, transliterated: "Luk'janivsjka v'jaznitsja") is a famous historical prison in the Ukrainian capital Kyiv, located in the central Lukianivka neighborhood of the city. It is officiall ...
. There Tymoshenko (her defence claimed) suffered bruises on the skin and she contracted
pneumonia Pneumonia is an inflammatory condition of the lung primarily affecting the small air sacs known as alveoli. Symptoms typically include some combination of productive or dry cough, chest pain, fever, and difficulty breathing. The severi ...
, later followed by back pain. According to Ombudsman
Nina Karpachova Nina Ivanivna Karpachova ( uk, Ніна Іванівна Карпачова; born 12 August 1957) is a Ukrainian lawyer and politician. She was the Verkhovna Rada Commissioner for Human Rights from 1998 until 2012. Early life and career Ka ...
, Tymoshenko demands that independent doctors took her blood test. On 11 October 2011, the court found Tymoshenko guilty of
abuse of power Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
, sentenced her to seven years in jail, and ordered her to pay the state $188 million. She was convicted for exceeding her powers as
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
, by ordering
Naftogaz Naftogaz of Ukraine ( uk, НАК "Нафтогаз України", ''Naftogaz Ukrayiny''; literally "Petro-Gas of Ukraine") is the largest national oil and gas company of Ukraine. It is a state-owned company
to sign the gas deal with Russia in 2009. On 11 October 2011 a record number of special units of the
Ukrainian Ukrainian may refer to: * Something of, from, or related to Ukraine * Something relating to Ukrainians, an East Slavic people from Eastern Europe * Something relating to demographics of Ukraine in terms of demography and population of Ukraine * So ...
'' militsiya'' (police) were in Kyiv (The Ministry of Police claimed in a statement about 4,500) Several tens of thousands of demonstrators came to Kyiv to support Tymoshenko. Tymoshenko did appeal against the sentence on 24 October 2011; which she compared to
Stalin's Great Terror The Great Purge or the Great Terror (russian: Большой террор), also known as the Year of '37 (russian: 37-й год, translit=Tridtsat sedmoi god, label=none) and the Yezhovshchina ('period of Yezhov'), was Soviet General Secret ...
. President Yanukovych and other Government officials have hinted that the law that convicted Tymoshenko could be changed in her benefit. According to opposition politicians, this could have been done as soon as one week after Tymoshenko's conviction. However, after postponing the vote twice, the
Parliament of Ukraine The Verkhovna Rada of Ukraine ( uk, Верхо́вна Ра́да Украї́ни, translit=, Verkhovna Rada Ukrainy, translation=Supreme Council of Ukraine, Ukrainian abbreviation ''ВРУ''), often simply Verkhovna Rada or just Rada, is the ...
voted against decriminalizing abuse of office on 15 November 2011. Tymoshenko lost her appeal against her sentence of abuse of power of 11 October 2011 on 23 December 2011.Ukraine's Tymoshenko loses appeal against jail term
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
(23 December 2011)
She and her lawyers had boycotted the appeal proceedings claiming "
Judicial system The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
and
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
are totally non-existent in Ukraine today". Tymoshenko has lodged a complaint against the verdict at the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
, which was given priority treatment by the court. On 30 December 2011 Tymoshenko was transferred to the Kachanivska penal colony in Kharkiv.Tymoshenko moved to prison in Kharkiv (updated)
''Kyiv Post'' (30 December 2011)
Tymoshenko moved to Kachanivska penal colony in Kharkiv (updated)
''Kyiv Post'' (30 December 2011)
The Parliament of Ukraine again voted against decriminalizing the law under which Tymoshenko was sentenced to imprisonment on 8 February 2012.Parliament again votes down proposal to decriminalize 'Tymoshenko article'
''Kyiv Post'' (8 February 2012)
On 14 June 2012 Kostyantyn Hryshchenko, the
Minister of Foreign Affairs of Ukraine The Ministry of Foreign Affairs of Ukraine ( uk, Міністерство закордонних справ України) is the ministry of the Ukrainian government that oversees the foreign relations of Ukraine. The head of the ministry is t ...
, gave an interview to the national newspaper of Italy Corriere della Sera (
Milan Milan ( , , Lombard: ; it, Milano ) is a city in northern Italy, capital of Lombardy, and the second-most populous city proper in Italy after Rome. The city proper has a population of about 1.4 million, while its metropolitan city h ...
) where he said that back in 2009 Tymoshenko violated a law that was in force at that time, giving a permission to sign a gas agreement that was very disadvantageous to Ukraine on the petition of
German German(s) may refer to: * Germany (of or related to) ** Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ge ...
and other European governments. On January 26, 2012, Yulia Tymoshenko's defense submitted a cassation appeal to the High Specialized Court for Civil and Criminal Cases regarding the “gas case” verdict. On August 16, 2012, after a 7-month delay that impeded filing the case to the European Court of Human Rights, the panel of judges of the aforementioned court began hearing the case. The panel finished hearing the case on August 21 and went to the jury room to make decision. The ruling of the Court, issued on August 29, 2012, stated that the appeal of ex prime minister Yulia Tymoshenko's defense on the "gas case" should not be satisfied. Media, diplomats, members of parliament and members of an EU special monitoring mission, Pat Cox and Aleksander Kwasniewski, attended the court sessions. The ruling was announced on the day following public hearing of "Tymoshenko vs Ukraine" (regarding unlawful arrest of ex-prime minister and holding her in custody) case at the European Court of Human Rights. On 6 September 2013 the High Specialized Court for Civil and Criminal Cases denied the petition made by Tymoshenko's lawyers to allow extraordinary appeal to the Supreme Court of Ukraine. On the 6 October 2013 another petition was dismissed as "lodged on the same ground as previously denied petition". After the Ukrainian revolution of November 2013-February 2014 the High Specialized Court for Civil and Criminal Cases grant the petition that was made by Yulia Tymoshenko herself and send the case to the Supreme Court of Ukraine. On 14 April 2014 Ukrainian Supreme Court sitting
en banc In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller p ...
reversed the conviction of Yulia Tymoshenko and closed the case against her on the ground that "no crime was committed".


Non-delivery by United Energy Systems of Ukraine (in 1996) of goods to Russia

Early in July 2011, the Ukrainian security service (USB) opened a new criminal investigation into alleged non-delivery by United Energy Systems of Ukraine (in 1996) of goods to
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
for $405.5 million, the USB maintains that Russia may claim this sum to the State budget of Ukraine (this criminal case was closed : in
Ukraine Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...
in January 2005 due to lack of evidence; in
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
in December 2005 years by reason of lapse of time).Tymoshenko faces yet another investigation
''Kyiv Post'' (5 July 2011)

''UNIAN'' (13 October 2011)
Colonel-General Colonel general is a three- or four-star military rank used in some armies. It is particularly associated with Germany, where historically general officer ranks were one grade lower than in the Commonwealth and the United States, and was a r ...
Leonid Ivashov Leonid Grigoryevich Ivashov (russian: Леонид Григорьевич Ивашов; born 31 August 1943) is a Russian military and public official. He is a former President of the Academy for Geopolitical Problems and a retired Colonel-Genera ...
(former official of the
Russian Ministry of Defense The Ministry of Defence of the Russian Federation (russian: Министерство обороны Российской Федерации, Минобороны России, informally abbreviated as МО, МО РФ or Minoboron) is the govern ...
) said that Russia has long since forgiven this debt and has closed the case against Yulia Tymoshenko: "The new criminal case – it's cheating". The trial for the in July 2011 opened criminal investigation into alleged misappropriating public funds of United Energy Systems of Ukraine started on 19 April 2012 in Kharkiv.Ukraine's Tymoshenko refuses to attend new tax trial
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
(19 April 2012)
Tymoshenko refused to attend the trial, citing problems with her health. Kyivsky District Court of
Kharkiv Kharkiv ( uk, wikt:Харків, Ха́рків, ), also known as Kharkov (russian: Харькoв, ), is the second-largest List of cities in Ukraine, city and List of hromadas of Ukraine, municipality in Ukraine.Kharkiv court drops charges against Tymoshenko in UESU case
Interfax-Ukraine (28 February 2014)


2001 criminal case on state funds embezzlement and tax evasion

A 2001 criminal case on state funds embezzlement and tax evasion charges against Tymoshenko was reopened in Ukraine on 24 October 2011.Old criminal case against ex-Ukrainian PM Tymoshenko reopened
RIA Novosti (24 October 2011)


Ukrainian tax police

On 4 November 2011 the Ukrainian tax police resumed four criminal cases against Tymoshenko. She was charged for these cases on 10 November 2011.Ukraine heaps more charges on Tymoshenko (updated)
''Kyiv Post'' (11 November 2011)

UNIAN The UNIAN or Ukrainian Independent Information Agency of News ( uk, Українське Незалежне Інформаційне Агентство Новин, УНІАН, translit=Ukrayins'ke Nezalezhne Informatsiyne Ahentstvo Novyn) is a ...
(11 November 2011)
Ukraine tax authorities file charges against Tymoshenko
Interfax Ukraine The Interfax-Ukraine ( uk, Інтерфакс-Україна) is a Kyiv-based Ukrainian independent news agency founded in 1992. The company does not belong to the Russian news corporation Interfax Information Services. The company publishes in ...
(11 November 2011)
Tax police resumes four criminal cases against Tymoshenko
''Kyiv Post'' (7 November 2011)
Tymoshenko was re-arrested (while in prison) on 8 December 2011, after a Ukrainian court ordered her indefinite arrest, as part of the investigation of alleged tax evasion and theft of government funds in 1996-1997 by United Energy Systems of Ukraine; again the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
showed concern over this.


Involvement in the murder of Yevhen Shcherban

Since late October 2011 Ukrainian prosecutors are investigating whether Tymoshenko was involved in the murder of businessman and lawmaker Yevhen Shcherban. Since early April 2012 the General Prosecutor's Office is examining the involvement of Tymoshenko and former Prime Minister Pavlo Lazarenko in the murder of Donetsk businessman Olexandr Momot in 1996.Генпрокуратура перевіряє Тимошенко на причетність до ще одного вбивства
BBC Ukrainian BBC News Ukrainian ( uk, BBC News Україна) is the Ukrainian service of the BBC which conveys the latest political, social, economical and sport news relevant to Ukraine and the world. It started broadcasts in 1992.
(7 April 2012)
(Per July 2012) the First Deputy
Prosecutor General of Ukraine The prosecutor general of Ukraine (also procurator general of Ukraine, uk, Генеральний прокурор України) heads the system of official prosecution in courts known as the Office of the Prosecutor General ( uk, Офіс ...
Renat Kuzmin Renat Raveliyovych Kuzmin ( uk, Ренат Равелійович Кузьмін, born 12 July 1967) is First Deputy Prosecutor General of Ukraine (2010-2013), State Counselor of Justice 1st class, public servant 1st rank. In the 2019 Ukrainian p ...
had intentions to incriminate murder charges against Tymoshenko for the murder of Yevhen Shcherban that occurred back in 1996.Kuzmin's political bias in Tymoshenko persecution
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
(5 October 2012)
Scherban's son:'Money and influence played a fateful role in my father's death'
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
(13 July 2012)
In 1996
Prosecutor General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
Mykhailo Potebenko had stated there were no grounds to open a case. On 18 January 2013, Tymoshenko was notified that she is a suspect in the murder of Scherban, his wife and two other people in 1996.Tymoshenko accused of murder
Euronews (19 January 2013)
Jailed Ukraine ex-PM Tymoshenko suspected in long-dormant murder case
Montreal Gazette The ''Montreal Gazette'', formerly titled ''The Gazette'', is the only English-language daily newspaper published in Montreal, Quebec, Canada. Three other daily English-language newspapers shuttered at various times during the second half of th ...
(19 January 2013)
Ukraine Prosecutors Say Tymoshenko May Face Murder Charge
Bloomberg L.P. Bloomberg L.P. is a privately held financial, software, data, and media company headquartered in Midtown Manhattan, New York City. It was co-founded by Michael Bloomberg in 1981, with Thomas Secunda, Duncan MacMillan, Charles Zegar, and a 1 ...
(18 January 2013)
Ukraine prosecutor accuses Tymoshenko of murder
Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was esta ...
(18 January 2013)
Tymoshenko denied the charges and according to Tymoshenko not she, but President Yanukovych had benefited most of the murder of Shcherban. In February 2013 Tymoshenko and her lawyer
Serhiy Vlasenko Serhiy Vlasenko ( uk, Сергій Володимирович Власенко; born on 7 March 1967 in LvivBiog ...
were fined both $2,000 for " contempt of court"; Tymoshenko was fined for being absent in court and Vlasenko for "violating order in the courtroom".


Criminal case against Tymoshenko's lawyer

On 21 January 2013 Tymoshenko's lawyer
Serhiy Vlasenko Serhiy Vlasenko ( uk, Сергій Володимирович Власенко; born on 7 March 1967 in LvivBiog ...
stated that he stands accused of car theft, robbery and failing to obey a court ruling stemming from his divorce several years ago.Lawyer of former Ukraine PM Yulia Tymoshenko 'faces criminal charges'
Guardian.co.uk TheGuardian.com, formerly known as Guardian.co.uk and ''Guardian Unlimited'', is a British news and media website owned by the Guardian Media Group. It contains nearly all of the content of the newspapers ''The Guardian'' and ''The Observer'', ...
(21 January 2013)


Tymoshenko's health in prison

On 30 December 2011 Tymoshenko was transferred to the Kachanivska penal colony in
Kharkiv Kharkiv ( uk, wikt:Харків, Ха́рків, ), also known as Kharkov (russian: Харькoв, ), is the second-largest List of cities in Ukraine, city and List of hromadas of Ukraine, municipality in Ukraine.Canadian Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
and two
German German(s) may refer to: * Germany (of or related to) ** Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ge ...
doctors who were allowed to examine Tymoshenko in February 2012 stated that Tymoshenko was “ill, in constant pain and requires
toxicology Toxicology is a scientific discipline, overlapping with biology, chemistry, pharmacology, and medicine, that involves the study of the adverse effects of chemical substances on living organisms and the practice of diagnosing and treating e ...
and other laboratory testing.”Foreign physicians say Tymoshenko seriously ill
''Kyiv Post'' (24 February 2012)
The Canadian doctors added that the doctors were not allowed to carry out some tests and were hindered in their work by government officials. Ukrainian officials insisted that Tymoshenko was receiving all necessary treatment. The First Deputy Chairman of Parliament's health care committee and Tymshenko's former physician, Viacheslav Perederiy, stated "The medical station has the standards of a squalid rural first-aid post. There were banal instruments there that were not even plugged into the mains. They just picked a room, painted the walls and made those who were inside wear overshoes and gowns as though there was any sterility there." Tymoshenko was moved against her will from Kachanivska prison to a hospital on 19 April 2012 where she entered a
hungerstrike A hunger strike is a method of non-violent resistance in which participants fast as an act of political protest, or to provoke a feeling of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most ...
on 20 April to protest – according to her lawyer Serhiy Vlasenko – "what is happening in the country and what is happening to her in prison". She ended the hungerstrike on 9 May 2012. Since 9 May 2012 she is receiving treatment at the hospital after being diagnosed with a
spinal disc herniation Spinal disc herniation is an injury to the cushioning and connective tissue between vertebrae, usually caused by excessive strain or trauma to the spine. It may result in back pain, pain or sensation in different parts of the body, and physical ...
On 22 January 2013 Tymoshenko's defense lawyer,
Serhiy Vlasenko Serhiy Vlasenko ( uk, Сергій Володимирович Власенко; born on 7 March 1967 in LvivBiog ...
stated that her health situation had worsened, "she cannot walk".


Hunger strikes

Tymoshenko was on hunger strike from 20 April 2012Ukraine's jailed ex-PM Tymoshenko 'on hunger strik

BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
(24 April 2012)
till 9 May 2012.Ukraine's Tymoshenko moved from prison to hospital; ends hunger strike
''
The Globe and Mail ''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it ...
'' (9 May 2012)
According to her lawyer, she was protesting against "what is happening in the country and what is happening to her in prison". European leaders expressed concern over the alleged mistreatment of Tymoshenko. EU Commission President
Jose Manuel Barroso Jose is the English transliteration of the Hebrew and Aramaic name ''Yose'', which is etymologically linked to ''Yosef'' or Joseph. The name was popular during the Mishnaic and Talmudic periods. *Jose ben Abin *Jose ben Akabya *Jose the Galilean ...
and Justice Commissioner
Viviane Reding Viviane Adélaïde Reding (born 27 April 1951) is a Luxembourgish politician and a former Member of the European Parliament (MEP) from Luxembourg. She is a member of the Christian Social People's Party, part of the European People's Party. She p ...
boycotted the
Euro 2012 The 2012 UEFA European Football Championship, commonly referred to as UEFA Euro 2012 or simply Euro 2012, was the 14th European Championship for men's national football teams organised by UEFA. The final tournament, held between 8 June and 1 ...
football tournament held in Ukraine and Poland. French public figures have appealed to FIFA, the world football authority, to cancel Euro 2012. Germany has announced that German Chancellor
Angela Merkel Angela Dorothea Merkel (; ; born 17 July 1954) is a German former politician and scientist who served as Chancellor of Germany from 2005 to 2021. A member of the Christian Democratic Union (CDU), she previously served as Leader of the Opp ...
's visit would depend on Tymoshenko fate. Ukraine compared the threats of a football boycott by European powers as a return to Cold War tactics. The German President,
Joachim Gauck Joachim Wilhelm Gauck (; born 24 January 1940) is a German politician and civil rights activist who served as President of Germany from 2012 to 2017. A former Lutheran pastor, he came to prominence as an anti-communist civil rights activist in E ...
canceled a visit to Ukraine. Ukrainian authorities confirmed that the presidents of Austria, Germany, Italy, the Czech Republic, and Slovenia would no longer attend a summit to be held in Ukraine on 11 to 12 May 2012 (on 8 May 2012 Ukraine postponed this summit). Meanwhile, Switzerland offered to mediate between Ukraine and the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
to resolve the issue on neutral grounds. Tymoshenko ended her hunger strike and was transferred to a hospital near Kharkiv on 9 May 2012, accompanied by German neurologist Lutz Harms of the Charité clinic
Berlin Berlin ( , ) is the capital and List of cities in Germany by population, largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's List of cities in the European Union by population within ci ...
. From 29 October 2012 till 16 November 2012 Tymoshenko was again on hunger strike to protest
vote rigging Electoral fraud, sometimes referred to as election manipulation, voter fraud or vote rigging, involves illegal interference with the process of an election, either by increasing the vote share of a favored candidate, depressing the vote share of ...
in the October
2012 Ukrainian parliamentary election The Ukrainian parliamentary election of 2012 took place on 28 October 2012.Ukraine's jailed Tymoshenko calls off hunger strike
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
(16 November 2012)
Chief doctor:Tymoshenko to have recovered from hunger strike by end of this week
Kyiv Post The ''Kyiv Post'' is the oldest English-language newspaper in Ukraine, founded in October 1995 by Jed Sunden. History American Jed Sunden founded the ''Kyiv Post'' weekly newspaper on Oct. 18, 1995 and later created KP Media for his holdings. ...
(28 November 2012)
She stated that the goal for which she went on a hunger strike had been achieved "Nobody will be able to recognize this
Verkhovna Rada The Verkhovna Rada of Ukraine ( uk, Верхо́вна Ра́да Украї́ни, translit=, Verkhovna Rada Ukrainy, translation=Supreme Council of Ukraine, Ukrainian abbreviation ''ВРУ''), often simply Verkhovna Rada or just Rada, is the ...
as legitimate and democratically elected". From 25 November till 6 December 2013 (during the Euromaidan protests) Tymoshenko was again on hunger strike in protest of "President Yanukovych's reluctance to sign the
DCFTA The Deep and Comprehensive Free Trade Areas (DCFTA) are three free trade areas established between the European Union, and Georgia, Moldova, and Ukraine respectively. The DCFTAs are part of each country's EU Association Agreement. They allow Geor ...
(free trade areas established by European Union and Ukraine)" on 6 December 2013.Tymoshenko stops hunger strike
Interfax-Ukraine (6 December 2013)
Jailed Tymoshenko on hunger strike over EU U-turn by Ukraine
Euronews (25 November 2013)


Opinions

* On June 16, 2013
Zerkalo Nedeli ''Dzerkalo Tyzhnia'' ( ua, Дзеркало тижня), usually referred to in English as the ''Mirror Weekly'', was one of Ukraine's most influential analytical weekly-publisher newspapers, founded in 1994.Juris Doctor Mykola Khavronyuk where he provides statistical evidences of the State Court Administration of Ukraine which show that more than often persons convicted of the same crime as Tymoshenko are usually given a conditional sentence or even completely pardoned. He points out that in 2012 out 25 people with same charges (part 3 of the article 365 of the Criminal Code of Ukraine) only seven were sentenced to a prison of whom only three people to the term of five to ten years. Fifteen (60%) of the convicted were given a probation, while another nine were completely pardoned either due to amnesty or other issues. A very similar situation is traced for the previous year in 2011. Out of 46 people on the same charges only 15 were sentenced to a prison out which six were given term of five to ten years. Twenty-eight of the convicted were given a probation while another seven were completely pardoned.


Foreign reactions

European Union – In August 2011
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
(EU) officials called the prosecution of Tymoshenko "
selective prosecution In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law, as the criminal justice system discriminated against them by choosing to prosecute. In ...
of political opponents". After the verdict in the 2009 natural gas deal European Union High Representative for Foreign Affairs Catherine Ashton stated the verdict showed justice in Ukraine was being applied selectively in politically motivated prosecutions and that the
Ukrainian Government The Cabinet of Ministers of Ukraine ( uk, Кабінет Міністрів України, translit=Kabinet Ministriv Ukrainy; shortened to CabMin), commonly referred to as the Government of Ukraine ( uk, Уряд України, ''Uriad Ukrai ...
handling of the case risked deep implications for its hopes of EU integration. Other reactions from
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
politicians had a similar tone.
Ukrainian President The president of Ukraine ( uk, Президент України, Prezydent Ukrainy) is the head of state of Ukraine. The president represents the nation in international relations, administers the foreign political activity of the state, condu ...
Viktor Yanukovych Viktor Fedorovych Yanukovych ( uk, Віктор Федорович Янукович, ; ; born 9 July 1950) is a former politician who served as the fourth president of Ukraine from 2010 until he was removed from office in the Revolution of D ...
met with the EU-leadership the week after the verdict was postponed, but Ukraine and the EU assured this would not affect further cooperation. Nevertheless, the EU has shelved the
European Union Association Agreement A European Union Association Agreement or simply Association Agreement (AA) is a treaty between the European Union (EU), its Member States and a non-EU country that creates a framework for co-operation between them. Areas frequently covered by s ...
and Deep and Comprehensive Free Trade Agreement with Ukraine over this issue and the imprisonment of
Yuriy Lutsenko Yuriy Vitaliyovych Lutsenko ( uk, Юрій Віталійович Луценко; born 14 December 1964) is a Ukrainian politician whose most recent post was Prosecutor General of Ukraine from 12 May 2016 At the request of opposition politicians in Ukraine, EU government officials boycotted the
UEFA Euro 2012 The 2012 UEFA European Football Championship, commonly referred to as UEFA Euro 2012 or simply Euro 2012, was the 14th UEFA European Championship, European Championship for List of men's national association football teams#UEFA (Europe), men's ...
championship in Ukraine.EU-Ukraine summit 'unlikely' this year
EU Observer (5 November 2012)
The Council of Europe expressed "serious concern about the trial" on 12 October 2011. On 26 January 2012 the
Parliamentary Assembly of the Council of Europe The Parliamentary Assembly of the Council of Europe (PACE) is the parliamentary arm of the Council of Europe, a 46-nation international organisation dedicated to upholding human rights, democracy and the rule of law. The Assembly is made up ...
adopted a resolution in which it called on President Yanukovych "to consider all possible means to release former Prime Minister Yulia Tymoshenko and other members of the former government and also to enable them to participate in the upcoming parliamentary elections". On 29 February 2012 the European People's Party demanded "immediate release of Yulia Tymoshenko,
Yuriy Lutsenko Yuriy Vitaliyovych Lutsenko ( uk, Юрій Віталійович Луценко; born 14 December 1964) is a Ukrainian politician whose most recent post was Prosecutor General of Ukraine from 12 May 2016other political prisoners; it also insisted the Association Agreement between Ukraine and the European Union should not be signed and ratified until these demands were met.European party demands permission for Tymoshenko to take tests at EU labs
''Kyiv Post'' (1 March 2012)
European lawmakers: Association agreement should not be signed with opposition in jail
''Kyiv Post'' (1 March 2012)
Russia – According to
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
, the 2009 natural gas agreements "were signed on the basis of the necessary instructions from the
Russian Russian(s) refers to anything related to Russia, including: *Russians (, ''russkiye''), an ethnic group of the East Slavic peoples, primarily living in Russia and neighboring countries *Rossiyane (), Russian language term for all citizens and peo ...
and Ukrainian Presidents"; it also urged Ukraine to ensure an impartial trial. The
Russian Foreign Ministry The Ministry of Foreign Affairs of the Russian Federation (MFA Russia; russian: Министерство иностранных дел Российской Федерации, МИД РФ) is the central government institution charged with lea ...
stated the ruling had an "obvious
anti-Russian Anti-Russian sentiment, commonly referred to as Russophobia, is dislike or fear of Russia, the Russians, Russian culture. or Russian policy. The Collins English Dictionary defines it as intense and often irrational hatred of Russia. It is the ...
subtext" and Russian Prime Minister Vladimir Putin commented about the ruling "I can't quite understand why she got those seven years". United States – In August 2011
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
officials (also) called the prosecution of Tymoshenko "
selective prosecution In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law, as the criminal justice system discriminated against them by choosing to prosecute. In ...
of political opponents". An 11 October 2011 statement by the
White House The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue NW in Washington, D.C., and has been the residence of every U.S. president since John Adams in ...
stated the charges and conduct of the trial has raised serious concerns about Ukraine's commitment to democracy and the rule of law and urged Ukraine to release Tymoshenko, as well as other political leaders and former government officials. On 22 January 2012
U.S. Secretary of State The United States secretary of state is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State. The office holder is one of the highest ranking members of the president's Ca ...
Hillary Clinton Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, diplomat, and former lawyer who served as the 67th United States Secretary of State for President Barack Obama from 2009 to 2013, as a United States sen ...
reaffirmed that the United States supported Tymoshenko's immediate release. On 22 September 2012 the
U.S. Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
called upon Ukraine to release Tymoshenko and for the
U.S. Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other ...
to institute a visa ban against those responsible for her imprisonment and mistreatment. United Nations – On 12 October 2011
United Nations Secretary General The secretary-general of the United Nations (UNSG or SG) is the chief administrative officer of the United Nations and head of the United Nations Secretariat, one of the six principal organs of the United Nations. The role of the secretary-g ...
Ban Ki-moon expressed concerns over the conviction. France –
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
's Ambassador-at-large for Human Rights, François Zimeray, attempted twice to visit Tymoshenko in jail in January and April 2012. The co-president of
The Greens–European Free Alliance ''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the ...
group in the
European parliament The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
Rebecca Harms Rebecca Harms (born 7 December 1956) is a German politician who served as Member of the European Parliament (MEP) from 2004 until 2019. She is a member of the Alliance '90/The Greens, part of the European Green Party. From 2010 until 2016 she serv ...
(
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
) announced that she will insist on the order of the European Union on conducting an inspection of documents relating the "gas affair" against Tymoshenko.Евродепутат Хармс будет настаивать на проведении ЕС проверки "газового дела" Тимошенко (The Euro-deputy Harms will insist on conducting by EU an inspection of the Tymoshenko's "gas affair")
Interfax-Ukraine. (16 June 2012)
She believes that the allegations are absurd and baseless. She reported that she recently familiarized herself with the results of investigation of the former Prosecutor General of Denmark, which indicate that Tymoshenko was not supposed to be convicted in this case. In her opinion the Ukrainian authorities and the President of Ukraine, Viktor Yanukovych, have realized already that they are going in the wrong direction and that is why other criminal cases were opened against Tymoshenko. Amnesty International called for Tymoshenko's immediate release (on 12 October 2011).


Possible pardoning

Ukrainian President The president of Ukraine ( uk, Президент України, Prezydent Ukrainy) is the head of state of Ukraine. The president represents the nation in international relations, administers the foreign political activity of the state, condu ...
Viktor Yanukovych Viktor Fedorovych Yanukovych ( uk, Віктор Федорович Янукович, ; ; born 9 July 1950) is a former politician who served as the fourth president of Ukraine from 2010 until he was removed from office in the Revolution of D ...
stated on 24 February 2012 the procedure for
pardoning A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...
Tymoshenko could start "after her trial" and if she submitted a respective application to the President; he also mentioned that "we should have all these cases considered again from the point of view of the new
Criminal Procedure Code Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...
, which will comply with all European standards" and he described the trial of Tymoshenko and other former officials as not "meet ngEuropean standards and principles" (in May 2012 First Deputy
General Prosecutor of Ukraine The prosecutor general of Ukraine (also procurator general of Ukraine, uk, Генеральний прокурор України) heads the system of official prosecution in courts known as the Office of the Prosecutor General ( uk, Офіс ...
Renat Kuzmin Renat Raveliyovych Kuzmin ( uk, Ренат Равелійович Кузьмін, born 12 July 1967) is First Deputy Prosecutor General of Ukraine (2010-2013), State Counselor of Justice 1st class, public servant 1st rank. In the 2019 Ukrainian p ...
also stated this in the
European Parliament The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
). On 27 February 2012 Tymoshenko's defense lawyer stated Tymoshenko will not file any applications for a pardon since "Yanukovych recognized himself that the trial of Tymoshenko has nothing to do with justice according to European standards".Vlasenko: Tymoshenko not to ask president for pardon
''Kyiv Post'' (27 February 2012)
Tymoshenko stated the same day "Today we are behind bars. But if we have to pay such a price for the liberation of the country, then we are ready to pay it".Tymoshenko ready to sacrifice her freedom for liberation of Ukraine, together with Lutsenko
''Kyiv Post'' (27 February 2012)
More than 100 various petitions for pardoning Tymoshenko have been sent to President Yanukovych since her imprisonment.


2014 release from prison

Following the 2014 Ukrainian Revolution, on 21 February 2014, Parliament voted for her release in a 310–54 veto-proof vote. To do so, the members of parliament decriminalized the Article on which Tymoshenko was charged and brought it into compliance with Article 19 of the UN Convention against corruption. That could enable immediate release of Tymoshenko through the corresponding court ruling. Viktor Yanukovych didn't sign the law, fled the country after massive violent clashes in Kyiv, when the police shot more than 100 demonstrators in the center of Kyiv. On February 22, 2014 the Verkhovna Rada with 322 votes adopted a decree based on the decision of the European Court of Human Rights and corresponding decision of the Committee of Ministers of the Council of Europe. On the same day Tymoshenko was released from the
Kharkiv Kharkiv ( uk, wikt:Харків, Ха́рків, ), also known as Kharkov (russian: Харькoв, ), is the second-largest List of cities in Ukraine, city and List of hromadas of Ukraine, municipality in Ukraine.spinal disc herniation Spinal disc herniation is an injury to the cushioning and connective tissue between vertebrae, usually caused by excessive strain or trauma to the spine. It may result in back pain, pain or sensation in different parts of the body, and physical ...
since May 2012 under police surveillance.


Her release was praised by western leaders.


Legal rehabilitation

On February 28, 2014 the parliament rehabilitated Yulia Tymoshenko and restored her rights. That enabled her to run for office, however she has ruled out becoming Prime Minister again. Kyivsky District Court of Kharkiv closed the criminal case on financial abuse of the United Energy Systems of Ukraine on 28 February 2014. And on April 14 the
Supreme Court of Ukraine The Supreme Court of Ukraine ( uk, Верховний Суд України, ) is the highest judicial body in the system of courts of general jurisdiction in Ukraine.gas case” against Tymoshenko for “absence of a criminal act”.Ukrainian Prosecutor General’s Office opens case vs. judges who sentenced Tymoshenko
ITAR-TASS The Russian News Agency TASS (russian: Информацио́нное аге́нтство Росси́и ТАСС, translit=Informatsionnoye agentstvo Rossii, or Information agency of Russia), abbreviated TASS (russian: ТАСС, label=none) ...
(25 April 2014)
On 25 April 2014 the
General Prosecutor of Ukraine The prosecutor general of Ukraine (also procurator general of Ukraine, uk, Генеральний прокурор України) heads the system of official prosecution in courts known as the Office of the Prosecutor General ( uk, Офіс ...
launched a pre-trial investigation against a number of officials from its own office and the Pechersky district court and Kyiv's court of appeals (the judges who had sentenced Tymoshenko) because of "deliberate, systematic and flagrant violation of accused Yulia Tymoshenko’s rights to defense, which are granted by Ukraine’s current laws". On 24 June 2014 the
Supreme Court of Ukraine The Supreme Court of Ukraine ( uk, Верховний Суд України, ) is the highest judicial body in the system of courts of general jurisdiction in Ukraine. Kireyev disappeared from
Kyiv Kyiv, also spelled Kiev, is the capital and most populous city of Ukraine. It is in north-central Ukraine along the Dnieper River. As of 1 January 2021, its population was 2,962,180, making Kyiv the seventh-most populous city in Europe. Kyi ...
on 2 July 2014 and was placed on the wanted list on 7 July 2014.Judge Kireyev, who sent Tymoshenko to jail, put on wanted list – Interior Ministry
Interfax-Ukraine (7 July 2014)
He was dismissed from his office by President
Petro Poroshenko Petro Oleksiyovych Poroshenko ( uk, Петро́ Олексі́йович Пороше́нко, ; born 26 September 1965) is a Ukrainian businessman and politician who served as the fifth president of Ukraine from 2014 to 2019. Poroshenko se ...
on 18 January 2016.


Manafort effort to discredit Tymoshenko

According to an investigation led by
Alan Friedman Alan Friedman (; born April 30, 1956) is an American journalist, author, documentary writer and producer, TV anchor and former media and public relations executive. Early life and education Friedman was born in New York City from a Jewish f ...
of
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
, the 2011 case against Tymoshenko was fabricated by Viktor Yanukovych. He hired American political consultant Paul Manafort, who created a strategy to discredit Tymoshenko abroad. Rick Gates, Manafort's then-deputy, and
Konstantin Kilimnik uk, Костянтин Килимник , birth_date = , birth_place = Kryvyi Rih, Dnipropetrovsk, Ukraine, Soviet Union , death_date = , death_place = , citizenship = UkraineRussiaSoviet Union , oc ...
, another senior Manafort associate who the FBI believes has links to Russian military intelligence, both collaborated with The Guardian's investigation. In 2012, the law firm
Skadden, Arps, Slate, Meagher & Flom Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates is an American multinational law firm headquartered in New York City. Founded in 1948, the firm consistently ranks among the top U.S. law firms by revenue. The company is known for its wor ...
was hired to produce a report for the Ukrainian Ministry of Justice defending the prosecution of Tymoshenko as part of Manafort's efforts to improve Ukraine's international image. The report was worked on by
Alex van der Zwaan Alex Rolf van der Zwaan (; born September 1984) is a Belgian-born Dutch attorney formerly with the London branch of New York-based international law firm Skadden, Arps, Slate, Meagher & Flom. On 20 February 2018, he pleaded guilty to one count ...
and
Gregory Craig Gregory Bestor Craig (born March 4, 1945) is an American lawyer and former White House Counsel under President Barack Obama, from 2009 to 2010. A former attorney at the Washington, D.C. law firm of Williams & Connolly, Craig has represented nume ...
. van der Zwaan, a Dutch attorney at Skadden's
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
office and son-in-law of
Russian oligarch Russian oligarchs ( Russian: олигархи, romanized: ''oligarkhi'') are business oligarchs of the former Soviet republics who rapidly accumulated wealth in the 1990s via the Russian privatisation that followed the dissolution of the Sovi ...
German Khan German Borisovich Khan (russian: Герман Борисович Хан; born 24 October 1961) is a Ukrainian-Russian oligarch, billionaire, and businessman. After graduating from university in 1988 he worked in a wholesale business selling ...
, pleaded guilty in February 2018 to lying to the
FBI The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, t ...
about the nature of his work on the report and his contacts with Kilimnik, and to destroying evidence sought by the Mueller investigation. He was sentenced to 30 days in federal prison and ordered to pay a $20,000 fine. In January 2019, Skadden agreed to forfeit to the U.S. government the $4.6 million it had received from the Ministry and to retroactively register as a foreign agent. Craig, a partner at Skadden and former
White House Counsel The White House counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Of ...
in the Obama administration, was indicted in April 2019 for his role in lying to the U.S. government about the extent of the firm's work for the Ministry and altering documents as part of the attempted coverup.


References and notes


External links

International organization Freedom House claims of political persecution in Ukraine:
Freedom House Denounces Arrest And Continued Harassment of Yulia Tymoshenko. August 5, 2011.

A Misguided Report on the Tymoshenko Case.December 19, 2012.

Freedom House Welcomes Pardon of Ukrainian Opposition Figures. Washington. April 8, 2013

Ukrainian Democracy Declines as Tymoshenko Plight Drags On. August 7, 2013


Multimedia


"Tymoshenko's ordeal". Euronews. August 5, 2011.

Company Covington & Burling LLP and BDO concluded that the charges against Tymoshenko are politically motivated. June 17, 2011.
{{Politics of Ukraine footer Yulia Tymoshenko 2011 controversies 2011 in law 2011 in Ukraine Political scandals in Ukraine Tymoshenko, Yulia Ukraine–European Union relations