More than 400 sites are closed in Ukraine - the court's decision is classified
KlymenkoTime journalists found out what the authorities are hiding and who filed a lawsuit to block sites
The National Commission, which carries out state regulation in the field of communications and informatization, informed Ukrainian providers about the need to block more than 400 sites.
This is stated on the website of the National Commission.
The need for such a step is dictated by the criminal proceedings and the corresponding court decision, according to which the intellectual property rights of more than 400 sites should be seized.
“The Investigation Department of the Goloseevsky Police Department of the Main Department of the National Police in Kyiv sent a letter dated February 18.02.2021, 2436 No. 125/47 / 2021-04.02.2021 to the National Commission for State Regulation in the Sphere of Communications and Informatization, the determination of the investigating judge of the Goloseevsky District Court of Kyiv Plahotniuc K. dated February 752, 22980, case no. 20/12020100010005155/17.12.2020, in criminal proceedings no. 3 of the Criminal Code of Ukraine, which provides for the seizure of: intellectual property rights that arise from Internet users when using web resources", - says the message of the National Commission to which attached list of 426 sites, which are actually outlawed in Ukraine.
There are some very interesting points in the message itself. Prohibited sites are charged with a crime under Part 3 of Art. 190 of the Criminal Code of Ukraine - fraud committed on a large scale, or through illegal operations using electronic computers. The sanction of the article provides for imprisonment for a term of three to eight years.
The criminal proceedings were opened on December 17, 2020. On February 4, 2021, Plahotniuc, the judge of the Goloseevsky Court of Kyiv, made the decision on the need to block websites.
But, despite the fact that three weeks have already passed, the said decision has not appeared in the Unified Register of Court Decisions. And this is very strange, okay, if the sites were accused of treason, espionage and other bad things that are very harmful to our country.
But, if you believe the court and law enforcement agencies, then we are talking about ordinary fraud. So, why is the court's decision classified?
One of the reasons really lies on the surface and lies in the impossibility of banned sites to appeal against the absurd decision of the Goloseevsky court in Kyiv.
The message of the National Commission says in black and white that the decision of the court can be appealed within five days from the moment of its announcement. And in this situation it is completely incomprehensible, and from what day to conduct a report. Representatives of all 400 sites were obviously not invited to the court session. There is no court decision in the register, and the message of the National Commission is not an official source for the publication of court decisions.
However, KlymenkoTime sources managed to get a working version of the court ruling. As it turned out, 400 sites were blocked not entirely in a criminal case, but in a civil suit by a certain Mr. Pan Alexander Mikhailovich. He was offended by a number of Ukrainian sites, which, according to him, interfere with his personal life and publish false information about him. In 2019, through a lawsuit to the Desnyansky District Court of Kyiv, Pan demanded that these sites refute the published information. And now, unexpectedly, he clung to a criminal case.
In an attempt to find the plaintiff, we found only one public Pan Alexander Mikhailovich.
According to the portal PropertyTimes since 2005, Alexander Pan has been engaged in private entrepreneurship, software development related to the banking, financial and cryptocurrency industries, investment projects related to real estate, since 2013 co-founder and director of DEVELOPMENT Distribution Analytics CAPITAL, since 2017 founder of Mak Holding, 2017-18 founder of AIPAN company (Kyiv), since 2019 — founder and director of Spang Capital (investments in regional and European real estate).
Also, from February 17 this year, it was announced that Alexander Pan became vice-president of the Football Premier League of Ukraine "Rukh".
Our journalists tried to contact Mr. Pan to find out if he really caused the blocking of more than 400 sites.
Since Mr. Pan is not registered in social networks, we tried to contact him through the press service of FC Rukh, but they told us that they had nothing to do with this person. Although, in general, it is strange when the press service denies any connection with their vice president.
Whatever it was, but the police claim that, allegedly, they were also shocked by the decision of the Goloseevsky District Court of Kyiv.
“There is such a citizen - Alexander Pan. He really did not like what was written about him on various Internet sites at different times, calling him a swindler and a rogue, and also calling him other unpleasant epithets. On December 17, 2020, Alexander Gospodin filed a complaint with the police about allegedly fraudulent actions committed against him. The police, after the reform of the criminal procedure legislation, are obliged under Article 214 of the Code of Criminal Procedure to register any allegations of a criminal offense (even about the rape of a 75-year-old resident of the city of Rivne by an American film actor B. Pitt in 2016). After that, attention, watch out for sleight of hand, Alexander Pan and his lawyers appeal to the Goloseevsky District Court with a demand to seize hundreds of Internet sites that wrote something about him at different times.- wrote on his facebook page Deputy Interior Minister Anton Gerashchenko.
He also promised that the National Police had already withdrawn its cover letter to the National Commission for State Regulation in the Sphere of Communications and Informatization, and they promised to hold a preventive conversation with Mr. Pan.
One can, of course, applaud Mr. Gerashchenko for the fact that he practically promptly decided to stand up for the employees of more than 400 sites. But there is one significant reason that makes one doubt his sincerity. The leadership of the National Police simply could not have been unaware of this decision, which the court made on February 4. For some reason, they were silent and what they were counting on. Let's pay attention to an interesting chain of coincidences: February 1 SBU accuses a number of Ukrainian Telegram channels of working for the Kremlin, February 3rd Zelensky bans three opposition TV channels, the decision of Judge Plahotniuc was made on February 4, but they are silent about it. And this is logical, because if it became known then, then the newsworthy occasion would simply disappear.
But yesterday it became known that one of the Kharkiv courts ordered Internet providers, operators and telecommunications providers in Ukraine block access to four Telegram channels: "Resident", "Legitimate", "Cartel" and "Gossip Girl". And immediately a three-week-old decision about the need to block more than 400 sites surfaced.
The story turned out to be so sewn together with white threads that it was necessary to turn on the back, and Gerashchenko's post is another confirmation of this.
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