AB “PRIKHODKO&PARTNERS” IN JUDICIAL PROCEDURE HAVE THE SECRETARY OF POLITICAL MANAGEMENT OF THE SOCIAL GOVERNMENT.

09/08/2017, the managing partner of the law firm "Prikhodko&Partners" lawyer Andrei A. Prykhodko appealed to the Svyatoshinsky police department of the GU NG in Kyiv with a statement on the commission of a criminal offense under Part 5 of Art. 191 of the Criminal Code of Ukraine.

Within 24 hours from the date of receipt of the application, employees of the Svyatoshinsky Police Department of the GP of the state of emergency in Kyiv had to submit information to the YRDD, but for unknown reasons this was not done.

Attorneys at the law office "PRIKHODKO&PARTNERS" filed a complaint to the Svyatoshinsky district court of Kyiv for the inactivity of employees of the Svyatoshinsky police department of the GP of the National Bank in Kyiv.

According to Part 1 of Art. 214 of the CPC of Ukraine, the investigator, the prosecutor immediately, but not later than 24 hours after the submission of the application for a criminal offense, is obliged to enter the relevant information into the Uniform Register of Pre-trial Investigations and to initiate an investigation. Pre-trial investigation commences from the moment of entering information into the Uniform Register of Pre-trial Investigations.

Also, according to Part 4 of Art. 214 CCP of Ukraine, investigator, prosecutor, other official authorized to accept and register applications and reports of criminal offenses, are obliged to accept and register such an application or notification. The refusal to accept and register a statement or report of a criminal offense is not allowed.

In accordance with clause 1 of Part 1 of Art. 303 of the CPC of Ukraine, in the pre-trial proceedings, such decisions, actions or omissions of the investigator or the public prosecutor may be appealed against in the absence of information about a criminal offense to the Unified Register of Pre-trial Investigations after receipt of an application or notification of a criminal offense.

According to the generalization of the High Specialized Court for the Examination of Civil and Criminal Cases "On the practice of considering complaints about decisions, actions or omissions of the bodies of pre-trial investigation or prosecutors during pre-trial investigation" in accordance with Part 1 of Art. 214 CPC, according to which the introduction of information to the UDRR is carried out not later than 24 hours after the submission of the application.

Thus, officers of the Svyatoshinsky Police Department of the State Enterprise of the State Enterprise in Kyiv, who were authorized to accept and register applications and reports on a criminal offense, were obliged not later than 24 hours after the submission of the application to register the application of the lawyer, Prikhodko AA. about the commission of a criminal offense in the Unified Register of Pre-trial Investigations and to initiate a pre-trial investigation if, from the petition of a person, it appears that it violates the issue of committing a criminal offense before the body of a pre-trial investigation, initiating the conduct of the actions specified by the CPC Ukrainippi, even if the results of the analysis the information given by the person testifies to the absence of signs of the crime, such information should be entered into the IDRD with the further closing of the criminal proceedings, respectively c. 284 CPC of Ukraine.

The submission of such an application to the Unified Register of Pre-Trial Investigations does not indicate the prosecution of any of the persons indicated in the application, taking into account the provisions of paragraph 14 of Part 1 of Art. 3 CPC of Ukraine, but is a review of a lawyer's application, Prikhodko AA about the commission of criminal offenses in the manner prescribed by art. 214 of the CPC of Ukraine, as there is no other procedure for checking statements of criminal offenses in the CPC of Ukraine.

Consequently, the requirements of Art. 214 of the CPC of Ukraine do not foresee the assessment of the validity of the application or notification of a criminal offense, but provides for only the obligation of the authorized bodies to fix the information provided by a person about the criminal offense that she provides consciously for the implementation of the criminal proceedings of the relevant authorities.

By the decision of the Svyatoshinsky district court of Kyiv on September 26, 2017 in case No. 759/13831/17, the court ordered the authorized persons of the Svyatoshinsky police department of the Main Directorate of the National Police in Kyiv to submit information on a criminal offense to the Uniform Register of Pre-trial Investigations at the request of the Advocate Bureau "PRIKHODKO&PARTNERS" dated September 8, 2017 concerning the officials of the Communal Enterprise "Clinical Hospital № 5" regarding the commission of a criminal offense provided for in Part 5 of Art. 191 of the Criminal Code of Ukraine.

PR "PRIKHODKO&PARTNERS" is principally in the position of inactivity of law enforcement agencies, including police officers who, because of their inactivity, delay the investigation of criminal proceedings, and the perpetrators of the crime remain unpunished.

In this specific case, it is a corruption fact, namely, the squandering of public funds by public officials of the Communal Enterprise "Clinical Hospital № 5" as a result of the conclusion of a contract by prior agreement with those who artificially win the tender procedure through the system "ProZorro".