NEWS


05.12.2017

Court case has been won in respect of cancelation of the decree of the prosecution service on closing of criminal proceedings


Our specialists have successfully stood upon the client’s (international organization in the field of policy studies) rights within the case regarding cancelation of the decree of the Prosecutor’s Office of Kyiv on closing of criminal proceedings and binding the prosecution service to resume pre-trial investigation in respect of unlawful actions of investigating authorities’ officials, upon breach of the citizens’ rights.

The situation arose from invasion by the group of persons with the certificates of the law‑enforcement authorities’ officials into the organization’s office under the guise of search. Such persons began to use violence against the persons present and chin. They also breached a range of rules of effective legislation governing powers of the law‑enforcement authorities’ officials. Such actions could be actually purposed to bring pressure on the client and to cease the organisation’s public activity under the guise of investigatory actions.

Hence, the client was forced to address to the prosecution service with an application on criminal offence against unlawful actions of the investigators of the prosecution service, as well as to the Security Service of Ukraine agents guilty of breach of the aggrieved citizens’ rights. Yet, the prosecution service denied, in violation of law, to initiate criminal proceedings and launch pre-trial investigation. Thereafter our lawyers launched judicial appeals against unlawful actions of the prosecution service. As a result of such appeals The Court ruled and declared the actions of the prosecutor unlawful and bound the prosecution service to initiate criminal proceedings and launch pre-trial investigation in relation to the investigating authorities’ officials guilty of breach of the citizens’ rights.

Yet, after short-term investigation, without holding any single investigatory procedure, the Prosecutor’s Office of Kyiv has, without telling the client, unexpectedly decreed to close the said criminal proceedings.

Thus, our specialists, unwilling to put up with such abuse, launched judicial appeals against unlawful decree of the Prosecutor’s Office of Kyiv on closing of the criminal proceedings. As a result of such appeals The Court ruled and declared the decree of the Prosecutor’s Office of Kyiv on closing of the criminal proceedings unlawful and cancelled such decree, as well as bound the prosecution service to resume pre-trial investigation.

Therefore, due to engagement of our lawyers, the decree of the Prosecutor’s Office of Kyiv on closing of the criminal proceedings has been recognised unlawful and cancelled in The Court, with pre-trial investigation in respect of unlawful actions of the prosecution service’s and the Security Service of Ukraine agents guilty of breach of the citizens’ rights being resumed.

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