PRESSURE ON THE COMPANY OF THE GFS BODIES. WHAT TO DO?
Attorneys of the PR “PRIKHODKO & PARTNERS” obliged NABA to start an investigation into the fact of an illegal search and pressure on the company by the DFS authorities.
The investigating judge of the Obolonsky district court of Kyiv issued a decree No. 1-ks / 756/857/18 on conducting a search at the enterprise. This ruling was pronounced in violation of Part 4 of Art. 234 CPC of Ukraine (not involving participation of the prosecutor or investigator), part 5 of Art. 27 CPC of Ukraine (not fully secured the court hearing with the help of audio and video recording equipment), p. 8 part 2 of Art. 234 CPU of Ukraine (no evidence of refusal to give good faith access to things, documents or information that they may contain is not provided), paragraph 5, part 5, Article. 231 CPC of Ukraine (the search in this case was not proportional to the interference in the personal and family life of a person, since the company in no way created obstacles to the investigation and all officials of the indicated enterprise are in the status of witnesses).
Thus, in the course of an illegal search the company suffered a material damage in the amount of 298 672, 02 UAH, namely: lost profit in the amount of 260 503, 00 UAH, salary expenses 31 200, 45 and expenses for payment of taxes 6 968, 57
Thus, officials of the court and investigative bodies of the DFS, abusing their power and official position by their actions, caused significant damage to the rights and interests of the company protected by law.
On the basis of the above-mentioned lawyers, the bureau was sent to the National Anti-Corruption Bureau a statement on the commission of a criminal offense under Art. Art. 364, 375 of the Criminal Code of Ukraine.
However, contrary to article 214 of the Criminal Code of Ukraine, NABU officials ignored this criminal offense report. In connection with this, it has sent to court a complaint about the inactivity of the authorized person of NABU regarding the failure to submit information to the UDRR on the commission of a criminal offense.
In the court session, the complaint of the law office “PRIKHODKO & PARTNERS” regarding the submission of information to the Unified State Register on the opening of criminal proceedings by authorized officials of NABU was fully met.
The court ordered NABU to submit information on criminal offenses to the Unified Register of Pre-trial Investigations on the basis of the statement of lawyers of the Bank “PRIKHODKO & PARTNERS” regarding the unlawful actions of the investigating judge and the employees of the DFS investigation department and initiate a pre-trial investigation.
Thus, detectives of NABU began pre-trial investigation in two criminal proceedings No. 52018000000000597 dated June 22, 2018 under Part 1 of Art. 375 CCU and No. 52018000000000598 Part 2 of Art. 364 KKU.
Author: Andriy Kubov