Analysis of the Court Decision:
1. Subject of Dispute: Closure of criminal proceedings against three Ukrposhta employees suspected of misappropriating funds totaling 711,354.16 UAH.
2. Key Court Arguments:
The Supreme Court deviated from previous judicial practice and established that the period from the moment of issuing a resolution to close criminal proceedings to the moment of its cancellation is NOT included in the pre-trial investigation period. The court was guided by the resolution of the joint chamber dated April 1, 2024, which takes precedence over previous decisions. The judges believe that the local and appellate courts incorrectly applied criminal procedural law by mechanically closing the proceedings.
3. Court Decision: Cancel previous court decisions and assign a new hearing in the court of first instance.
