Today the HACC Appeals Chamber heard the appeals of the prosecutor and the defense in the “Forrest Gump” and “Themis” cases concerning Viktor Dubovyk. By the investigating judge's ruling, he was placed under a preventive measure of detention with the alternative of UAH 7 million bail. Dubovyk is currently released, having posted the bail.

In the end, the panel of judges dismissed the appeals and upheld the court's ruling.

Dubovyk is charged with participation in a criminal organization, the unlawful seizure of property from Budmontazhservis LLC and Philosophy Development LLC, and document forgery. Both sides appealed the ruling: the defense asked that no preventive measure be imposed at all, while the prosecutor pressed to raise the bail to UAH 50 million.

Dubovyk's defense argues that the suspicion is unfounded and that there is no evidence of any crimes — in particular, of engaging hackers or interfering with information systems. The lawyers stress that Dubovyk was not part of the criminal organization, did not know its structure or purpose, and is not acquainted with the other figures. The only person he communicated with was Iryna Mudra, which is explained by their working together at the Office of the President.

The defense disputed the risks set out in the court's ruling. On the risk of absconding, the lawyers noted that after leaving the pretrial detention center Dubovyk surrendered his international passport, and that he has a family and property in Ukraine. The investigating judge points to a conversation between Mykytas and Mudra about connections and the chance to reach an arrangement with State Border Guard Service officials — but Dubovyk is not in that conversation. On the risk of influence, they noted that Dubovyk is under an obligation not to contact witnesses and suspects, and that he himself wishes to communicate only with his defense counsel.

UAH 50 million bail is excessive, the lawyers argue, since Dubovyk owns only a one-sixth share of a house that is unfit to live in. His official declared income is UAH 1.8 million. Defense counsel disagreed with placing Dubovyk in detention, since it is the harshest preventive measure and the Kyiv pretrial detention center sits in a dangerous area without proper shelter. On top of that, the investigating judge failed to consider that Dubovyk is raising a young child from a previous marriage.

Viktor Dubovyk broadly supported and confirmed his lawyers' statements. He added that he had received no money from members of the criminal organization.

The prosecutor, by contrast, stressed the high level of risk and the soundness of the suspicion. According to investigators, Dubovyk — while heading the Anti-Raiding Office — was in fact giving expert advice on raider operations. The prosecutor cited recordings of direct conversations in which Dubovyk allegedly coached Mykytas on how to forge a court ruling so it could then be uploaded to the register of court decisions, and coordinated, through law enforcement, how long asset seizures were kept in force on the companies being targeted. The prosecution contends that Dubovyk used his connections in the SSU and the Prosecutor General's Office, received information about searches being prepared, and systematically obstructed the investigation.

The prosecutor also stated that the suspect unofficially received a “salary” of $320,000 from the criminal organization, and that the total value of his property reaches UAH 20 million.