Odessa employees detained Net-developer SoftServe and drew up a report on administrative violation. However, the Belyaevsky District Court did not find any violations in the actions of the IT specialist.
7 km from the border
As stated in the case materials, on March 3, border guards detained an IT specialist together with another Ukrainian citizen 7 km from the border. The arrest was carried out by the head of the situation monitoring group of the border service inspectors' department.
Aytivets allegedly attempted to illegally cross the state border of Ukraine into Moldova outside the established checkpoint.
The case was sent to court. However, the developer did not appear at the court hearing, although he left a statement that he would be present at the hearing.
Came to test the equipment
As a result, the court decided to consider the case in the absence of the accused.
From the written explanation of the SoftServe IT specialist, it is clear that his goal was to come to a certain address and conduct an analysis and consultation regarding the technical equipment in the house with possible further cooperation with the consent of both parties.
For this purpose, he called a taxi from Odessa to the village of Yaski. But already on Tsentralnaya Street he was detained and taken to the police station, where border guards and military officers talked to him and asked questions.
Border guards claim that the programmer and his travel companion were unable to confirm the purpose of their stay in the border zone during the interview.
Also, in the case materials there is a diagram of a possible violation of the state border in the area, which schematically shows the place where the car was stopped.
However, the court did not find a specific fact of violations in the actions of the IT specialist.
“The legal basis for imposing an administrative penalty on a specific person is sufficient information about the commission of an offense by this person, for which this penalty is imposed. In accordance with the provisions of the Code of Administrative Offenses, a mandatory condition for bringing a person to administrative responsibility is the presence of an event and the elements of an administrative offense… …No one is obliged to prove his innocence of committing a crime. The accusation cannot be based on evidence obtained illegally, as well as on assumptions. All doubts regarding the proof of a person’s guilt are interpreted in his favor,” the case file says.
Thus, the court closed the proceedings due to the absence of an administrative offense in the actions.
Let us note that previously there was a similar situation also with a SoftServe programmer who was going to visit relatives in Chernivtsi. It was 30 km from the border.
However, it is not clear from the protocol itself what direct actions the programmer performed in order to attempt to cross the border The court decided that the mere fact of being at a distance of 30 km from the State Border line of Ukraine cannot indicate such an intention. The border guards had no other evidence
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