Subject of the dispute is challenging an acquittal verdict regarding an official of the Municipal Enterprise “Capital Construction Management”, who was accused of official negligence that resulted in material damages amounting to 155,869.80 UAH. The court of cassation instance established that lower instance courts improperly recognized the construction and technical expert opinion No. 2244 as an inadmissible evidence. The Supreme Court referred to the legal position of the Joint Chamber of the Criminal Cassation Court of the Supreme Court, according to which the absence of documents on the basis of which the expert opinion was formed does not automatically make it an inadmissible evidence, especially if the defense did not request access to these documents. Additionally, the courts did not ensure proper verification of the admissibility of this expert opinion.
Based on the review results, the Supreme Court revoked the acquittal verdict and the appellate court ruling and referred the case for a new trial to the court of first instance.
