Boyarsky v. Ukraine: son of “D’Artagnan” sentenced to 15 years for supporting aggression
11 March 16:52
Unexpectedly, some Russian citizens convicted in Ukraine for encroachment on the territorial integrity and inviolability of Ukraine are trying to appeal their sentences in our courts. One of these officials is a member of the State Duma and the son of the famous actor who played the role of D’Artagnan, Mikhail Boyarsky, Sergey. At the end of 2023, a panel of the Khmelnytsky City Court sentenced him in absentia to 15 years in prison with confiscation of property.
The MP appealed the verdict, and found out what happened
The basis of the accusation against Sergei Boyarsky was that, as a member of the State Duma, he supported a resolution to appeal to Putin with a request to recognize the temporarily occupied areas of Donetsk and Luhansk regions as “independent, sovereign and independent states.” And also, on February 22, 2022, he voted to ratify the “Treaty of Friendship, Cooperation and Mutual Assistance” between Russia and the so-called Luhansk and Donetsk People’s Republics.
“Thus, Sergiy Boyarsky, being a representative of the authorities, by prior conspiracy of a group of persons, committed intentional actions to change the borders of the territory and state border of Ukraine, contrary to the procedure established by the Constitution of Ukraine, and which led to the death of people and other serious consequences,” the court said in its verdict.
Boyarsky was appointed a free defense counsel by the court and was handed all the necessary case materials. The trial was held in the absence of the accused, and the Russian MP was sentenced to 15 years in prison with confiscation of all property belonging to him as property to the state. The beginning of the term of serving the main sentence is considered to be from the day of detention for the execution of the sentence.
The verdict was upheld
However, as it turned out, Sergiy Boyarsky did not agree with the verdict and filed an appeal. In the appeal, the defendant’s defense counsel stated that he considered the verdict to be illegal and unfounded, so he asked that it be canceled and the criminal proceedings be closed.
Among the arguments was that the case was considered without the presence of the accused, without proper notification of him, which violated his right to defense. The lawyer emphasized that the notice of suspicion was sent to the website of the State Duma Reception in Ukrainian without an official translation into the language of the proceedings, but into a language that Boyarsky does not speak.
However, the main argument was that Boyarsky has immunity from prosecution in the national judicial system. And according to Article 5 of the UN International Law Commission’s (ILC) codification, state officials acting in such capacity enjoy immunity ratione materiae from the exercise of foreign criminal jurisdiction.
And according to Article 6 of the same codification, state officials enjoy immunity ratione materiae only in respect of actions taken in their official capacity. Therefore, a Russian official should enjoy immunity ratione materiae in the national judicial system, and criminal prosecution can only be carried out by the relevant bodies of international judicial jurisdiction.
The Court of Appeal, having examined the materials, concluded that the members of the State Duma do not have functional immunity ratione materiae from the criminal jurisdiction of Ukraine in cases of international crimes, violations of jus cogens, including the crime of aggression, war crimes, genocide and other acts that undermine the sovereignty and territorial integrity of Ukraine.
In addition, after the ratification of the treaties of friendship, cooperation and mutual assistance, which Boyarsky also voted for, Russia, citing the need to help the so-called “DPR and LPR,” carried out a full-scale military invasion of Ukraine on February 24, 2022. Thus, the defense’s arguments did not refute the conclusions of the court of first instance, and the MP’s sentence was upheld.
Russian officials fear for their property
As noted in the commentary
“In the future, the decisions of Ukrainian courts may become the basis for the confiscation of these officials’ property in Europe and around the world. But this will take time. We shouldn’t forget that Russian courts also pass verdicts in absentia against Ukrainian officials, but they are futile. They will not be taken into account in Europe. However, the decisions of Ukrainian courts will be enforced, and the property they acquired abroad may be confiscated,” explains Kravets.
According to the SBU, 52 members of the State Duma of Russia who contributed to the unleashing of full-scale aggression against Ukraine were sentenced in absentia to 15 years. Another 23 Russian MPs received indictments in 2023.
As reported by
Author: Alla Dunina
