A bail of ₴44 million was posted for SBU General Serhiy Duka; his attorney explained the risks
A bail of 44 million hryvnias has already been posted for SBU Major General Serhiy Duka, who is implicated in the “Carthage” case. A total of 1,113 people contributed to the fundraising effort. Meanwhile, Lviv-based attorney Oleg Mytsyk drew attention to the legal nuances of the bail process and the potential consequences for those who posted bail.
According to Oleg Mytsyk, there is a practice in Lviv whereby each surety must appear in person at the pretrial detention center. There, an authorized official explains the legal consequences of such a decision to them.
“An authorized official explains to them the legal consequences of such a decision: exactly for whom they are posting bail, what obligations they are assuming, and what might happen to their money if the person for whom bail was posted violates the obligations imposed on them,” the attorney emphasized.
Oleg Mytsyk noted that even if two or three people are posting bail, each of them may sometimes need to appear in person at the pretrial detention center. There, they must present a receipt for the transfer of funds and confirm that they are aware of their rights, obligations, and the consequences of failing to fulfill them.
“Sometimes, even when two or three people post bail, it is necessary for each of them to appear in person at the pretrial detention center, present a receipt for the transfer of funds, and confirm that their rights, obligations, and the legal consequences of failing to comply have been explained to them. In other words, it is not enough simply to transfer the money to the court’s account,” he said.
The attorney suggested imagining how such a procedure would play out in the case of the 1,113 bail guarantors in the Serhiy Duka case.
“Now let’s imagine applying this practice to the 1,113 sureties in General Duka’s case. Each one must be identified, each must be informed of the legal consequences, and each must consciously confirm their decision to act as a surety. How long would that take?” Oleg Mytsyk emphasized.
He concluded that a bail bond is not a charitable contribution or a donation to a collective fund, but rather a procedural tool with specific legal obligations and financial consequences.
The attorney also asked why the procedure for explaining the legal consequences to sureties can vary so significantly across different institutions.
The lawyer reported this.
As a reminder, the Specialized Anti-Corruption Prosecutor’s Office requested that SBU General Serhiy Duka, who was detained as part of Operation “Carthage,” be taken into custody. As an alternative to arrest, prosecutors are proposing bail of 100 million hryvnias.
The National Anti-Corruption Bureau released photographs of smashed cell phones, which were likely destroyed during a search by General Serhiy Duka, a suspect in the “Carthage” case.
During a hearing at the High Anti-Corruption Court on November 6, Serhiy Duka, a suspect in the “Carthage” case, stated that he is ready to cooperate with the investigation and defend his innocence.
Serhiy Duka, a general with the Security Service of Ukraine, denied the charges in the “Carthage” case during a hearing at the High Anti-Corruption Court to determine his pretrial detention measure and called the actions of NABU and the Specialized Anti-Corruption Prosecutor’s Office (SAPO) political revenge for last year’s SBU raids on investigators from anti-corruption agencies.
Stanislav Bronevitsky, a former prosecutor with the Specialized Anti-Corruption Prosecutor’s Office, stated that the Anti-Corruption Action Center had distorted information regarding an alleged bribe to SBU General Serhiy Duka. Separately, Andriy Nebitov, deputy head of the National Police, denied allegations that he “provided protection” for the U420 chain of stores, which are mentioned in the materials related to Operation “Carthage.” Both officials claim that the published information does not reflect the full picture.
Employees of the central office and regional units of the Security Service of Ukraine have joined in raising funds for Major General Serhiy Duka’s bail. At the same time, the military officer’s attorney, Yuriy Sukhov, assured that the donations are voluntary and that no official instructions regarding mandatory participation in the fundraiser have been issued.
While in pretrial detention on suspicion of involvement in the “Carthage” case, SBU General Serhiy Duka released an open letter through his attorney. In the letter, he stated that the charges against him are based on operational contacts with sources, the use of whom is standard international practice for intelligence agencies.
