The relevant conclusion was made by the Supreme Court on July 11, 2019 in the case № 712/3581/16-k.

In the cassation appeal, the prosecutor asked to quash the verdict, which acquitted the person of the lack of evidence of committing a criminal offense for providing an unlawful benefit to an official by prior conspiracy by a group of persons (Part 3 of Article 369 of the Criminal Code).

The prosecutor explained his complaint with the fact that the court of appeal allowed a number of significant violations of the requirements of the criminal procedural law, which in accordance with Art. 412, 438 of the CCP is the ground for annulment of the decision, in particular, in the proceedings there are no records of 9 court sessions of the court of first instance, which the court of appeal did not pay attention to.

As a result of the review, the Supreme Court partially upheld the prosecutor's complaint, the verdict of the local court and the court of appeal overturned and ordered a new trial in the trial court.

The Court of Appeal found that the court of first instance did not investigate part of the evidence (only the name of the documents was read out) and there was no audio recording of the process of review by the court of first instance of video materials, but in violation of the requirements of the procedural law did not give a proper decision and did not violate the requirements of K.

Thus, according to the legal position of the Supreme Court, during the consideration of the case by the courts of first and appellate courts, the violation of the requirements of the criminal procedural law was made, which is essential, doubt on the validity of the court decision and is the basis for the annulment of such decisions.