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Dear Mr. President!
The President of the International Court of Mediation appeals to you concerning the case ¹ 22-20759, which is considered in the Kyiv Court of Appeals, the parties to this case are the Prosecutor's Office of Darnytsky District of Kyiv in the person of the public prosecutor O.V. Gavrushchenko and O.I. Koulik.
Mr. Koulik has informed us about the set of serious offences that influences the procedure of consideration of the afore-mentioned case.
In particular, the Kyiv Court of Appeals has denied the motion about the adding of the documents to the file in a case, which Mr. Koulik intends to submit for your consideration, including the expert conclusion made by the State research institute for structures. This conclusion certifies that the houses, which are the matter in the dispute, are built according to all building norms. Thus, this expert conclusion refutes all arguments of the Prosecutor's Office of Darnytsky District of Kyiv.
By refusing to examine the expert conclusion, the Kyiv Court of Appeals in the person of Judge Shakhova O. V. has seriously violated the basic principles which a judge should follow conducting all legal procedures for providing equality between the parties.
We think that Your personal interference as the President of Ukraine is a necessity in this situation to guarantee fair judicial proceedings for it is the right of Mr. Koulik according to the law of Ukraine and to the European Convention of Human Rights. Your interference is a necessity to stop the inadmissible behavior of Judge O.V. Shakhova and to show all Europe, that You, as the President of Ukraine, share the European democratic values.
Your interference is of extreme necessity, because partiality of Judge O.V. Shakhova, which is confirmed during all consideration, could lead to dramatic consequences. First of all a lot of families could be left without shelter because of illegal decision. Secondly, the unlawful decision of Judge O.V. Shakhova could result in demolishing of the church. It will put under a question the real right of people for the freedom of conscience and religion in Ukraine, where, as it is known, European freedoms and values are proclaimed.
Thus, without Your interference, the decision, passed by Judge O.V. Shakhova, could undermine seriously the image of Ukraine at the European level and lead to the serious problems for the lives of dozens of Ukrainians.
We ask You to interfere and, if necessary, to challenge Judge O.V. Shakhova to provide the legality in the consideration of the case, which is being observed at the international level.
We express confidence that you will take all necessary measures passing the fair legal decision in this case. If not, we will be forced to resort to firmer actions.
We do not doubt in Your desire to guarantee the observance of rights and freedoms of Ukrainian citizens. We guarantee our complete support in Your desire to interfere and to settle this dispute in impartial manner and according to the Ukrainian laws.
Looking forward to the positive decision we thank You for Your enthusiasm.
Accept, Mr. President Yanukovych, the assurances of our highest consideration.
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