A lawyer spoke about in absentia sentences for collaborators

<span><span><span><span><span><span>After the outbreak of full-scale war in Ukraine, there has been an increase in the number of trials in absentia. Such trials are held when the defendant is not present on Ukrainian territory. </span></span></span></span></span></span>

<span><span><span><span><span><span>Intent asked Odessa-based lawyer Igor Shavrov how effective trials in absentia are and whether there is a likelihood that their verdicts will be enforced. </span></span></span></span></span></span>

<span><span><span><span><span><span>According to the expert, in absentia court verdicts are not merely formal but are genuine. A conviction in absentia for collaborationis the only legal way to hold a person criminally liable if that person is in hiding on the territory of a state designated as a state sponsor of terrorism. It is a real pathway to issuing an international arrest warrant for that person. </span></span></span></span></span></span>

<span><span><span><span><span><span>“Every time such a person attempts to leave the territory where they are located, there is a real chance of extradition to Ukraine. And this will remain in effect, so to speak, indefinitely. Imagine that in 20 or 30 years, someone wants to go on vacation and ends up being extradited to Ukraine,” said Ihor Shavrov. </span></span></span></span></span></span>

<span><span><span><span><span><span>As for the confiscation of property belonging to individuals convicted of collaboration, it is carried out according to a specific procedure. Once the verdict becomes final, the court sends a writ of execution, a copy of the property inventory, and a copy of the verdict to the State Enforcement Service. The enforcement officer locates the property, places a lien on it, and prepares an inventory of the property. The property is sold through electronic auctions (for example, the state-owned enterprise “SETAM”), and the proceeds go to the state. </span></span></span></span></span></span>

<span><span><span><span><span><span>It is important to note that, under Ukrainian law, statutes of limitations do not apply to criminal offenses against the foundations of national security, which include collaboration. This means that a person can be held criminally liable regardless of how much time has passed since the crime was committed.</span></span></span></span></span></span>

Earlier, the deputy head of the occupation administration in Nova Kakhovkawas sentenced in absentia to eight years in prison. The defendant, presumablyMaksym Novak, voluntarily assumed the position of deputy head of the city district administration of Nova Kakhovka, Kherson Oblast, no later than February 2024. In this role, he coordinated the occupation administration’s activities in the social sphere, headed the commission on juvenile affairs and the protection of minors’ rights, organized its meetings, and ensured the implementation of the aggressor state’s legislation. He also represented the occupation administration at official events, underwent training at a Russian academy of public administration, and participated in propaganda events.

Юлія Калабайда