NEWS


08.08.2016

Court case has been won in respect of binding the prosecution service to initiate criminal proceedings upon unlawful actions of the police


ArtesLex Law Firm attorneys have successfully represented our client – Ukrainian company engaged in the business of transportation and recyclable materials trade – in respect of binding the prosecution service to initiate criminal proceedings and launch pre-trial investigation in relation to the officials of the National Police Department in Vinnytsya city guilty of breach of the company’s rights, as well as its officials’ rights under the guise of investigatory actions.

The situation arose from intentional registration by the officials of the National Police Department in Vinnytsya city of criminal proceedings upon forgery of the chartered documents of the company. Following that they began, under the guise of investigatory actions, sending requests to the clients of the company with circulation of misinformation and demanding to provide accounting documents concerning all business relations with the company. In such a manner, a range of rules of effective legislation governing powers of the law enforcement authorities’ officials has been breached, since neither founder nor official of the company applied to the police regarding forgery of the chartered documents and knew about existence of such criminal proceedings. Hence, the client addressed to the prosecution service with an application on criminal offence against unlawful actions of the officials of the National Police Department in Vinnytsya city guilty of breach of the company’s rights, as well as its officials’ rights. Yet, the prosecution service denied, in violation of law, to initiate criminal proceedings and launch pre-trial investigation further to respective application.

Thus, our specialists launched judicial appeals against unlawful actions of the prosecution service. As a result of such appeals The Court ruled and declared the action of the prosecutor unlawful and bound the prosecution service to initiate criminal proceedings and launch pre-trial investigation in relation to the officials of the National Police Department in Vinnytsya city guilty of breach of the company’s rights, as well as its officials’ rights.

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