Dear colleague, let’s see what we have in this Supreme Court decision.
1. The subject of the dispute here is criminal proceedings concerning the accusation of a person of theft committed on a particularly large scale or by an organized group (Part 4 of Article 185 of the Criminal Code of Ukraine), and illegal handling of weapons (Part 1 of Article 263 of the Criminal Code of Ukraine).
2. Unfortunately, the provided text contains only the operative part of the Supreme Court ruling, i.e., only the final decision. The detailed arguments guiding the panel of judges, the analysis of the parties’ arguments, the reasons for revoking or amending the decisions of lower courts – all this will be set out in the full text of the ruling, which, as stated, will be announced later. Therefore, based solely on this fragment, I cannot describe the specific legal positions or arguments of the court that led to such a decision.
3. Following the review of the defense counsel’s cassation appeal, the Supreme Court partially granted it, revoked the ruling of the appellate court, and scheduled a new review of the case in the appellate instance, choosing detention as a preventive measure for the accused.
There is no mention in this decision of the Supreme Court departing from its previous legal positions, therefore the word “” is not applicable here. The court simply revoked the appellate decision and sent the case for a new review, which is a standard procedure when significant violations of law by the lower court are found.
