Attorney
Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Case: We achieved closure of criminal proceedings and payments from the state for illegal actions of state bodies
Service: closure of criminal proceedings, receiving compensation for illegal actions of state bodies
A citizen of the Republic of Cameroon, with whom a contract on the provision of legal assistance was concluded, applied to the law office “Prikhodko and Partners” for legal protection.
On November 28, 2019, the mentioned person was detained on suspicion of committing criminal offenses provided for in part 2 of article 15, part 4 of article 190 of the Criminal Code of Ukraine, and was held in custody until 04/28/2020.
As a result of the high-quality performance of duties by the specialists of the law office, the main goal was achieved, i.e.: on 04.27.2020, a decision was made in the specified criminal proceedings in accordance with Art. 284 of the Criminal Procedure Code of Ukraine on the closure of criminal proceedings against the suspect PERSON_2 (PERSON_5) in connection with the absence of a criminal offense in his actions, a corresponding resolution was adopted and in accordance with Art. 205 of the Criminal Procedure Code of Ukraine, a citizen of Cameroon was released from custody.
From that moment, JSC “Prikhodko and partners” received another assignment from the client, which consisted in receiving compensation for illegal actions against him.
Thus, the fact of closing criminal proceedings in connection with the absence in the actions of a person of the elements of a criminal offense testify to the commission of illegal actions by the bodies carrying out operational and investigative activities, pre-trial investigation, the prosecutor’s office or the court, and is a sufficient basis for compensating the person for the damage caused by such actions, and do not require additional determination by the court.
Specialists of the law office prepared a statement of claim taking into account the consistent practice of the European Court of Human Rights, the provisions of the Convention on the Protection of Human Rights, as well as Art. 1176 of the Civil Code of Ukraine and the Law of Ukraine “On the procedure for compensation for damage caused to a citizen by illegal actions of bodies of inquiry, preliminary investigation, prosecutor’s office and court.”
As a result, a decision was received from the Pechersk District Court of Kyiv to recover 280,000.00 hryvnias from the State Budget of Ukraine in favor of a citizen of the Republic of Cameroon as compensation for material damage. (two hundred and eighty thousand hryvnias 00 kopecks) and 100,000.00 hryvnias. (one hundred thousand hryvnias 00 kopecks) as compensation for moral damage.
Also, the Pechersk District Court of Kyiv, within the scope of consideration of the above-mentioned case, made a decision to levy UAH 25,000.00 from the State Budget of Ukraine in favor of the client of JSC “Prikhodko and Partners”. (twenty-five thousand hryvnias 00 kopecks) for incurred court costs.
In accordance with the provisions of the Agreement on the provision of legal services, the Client instructed the Law Office to receive compensated damages to the settlement account of the Law Office.
And in June 2024, the final goal was achieved and the corresponding funds were received for the account of the Law Office.
Photo confirmation of the court’s decision on compensation:
If you need the help of a lawyer in criminal cases or you want to seek compensation for the damage caused to you by state authorities – contact the specialists of the legal company “Prikhodko and Partners”.
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