Complaint about the investigator’s inaction

When criminal proceedings formally exist but in reality do not move forward, a person quickly loses faith in justice. A statement has been filed, information has been entered into the Unified Register of Pre-Trial Investigations (URPI), deadlines pass, investigative actions are not conducted, and responses are reduced to formal replies. In such situations, a complaint about the investigator’s inaction becomes a real instrument of influence that allows the case to move forward and compels law enforcement authorities to fulfill their duties.

What is considered investigator’s inaction?

Investigator’s inaction is the failure to perform procedural actions that the investigator is obliged to carry out in accordance with the Criminal Procedure Code of Ukraine within the established time limits. In other words, this is a situation where the law requires action, but the investigator фактично ignores their authority.

In accordance with Article 303 of the Criminal Procedure Code of Ukraine, an investigator’s inaction may be appealed to an investigating judge. Such cases include failure to enter information into the URPI, failure to return temporarily seized property, failure to adopt a procedural decision, unjustified delays in pre-trial investigation, or ignoring motions filed by the defense or the victim.

An investigator’s silence is not a procedural norm. The law establishes clear deadlines and obligations. Their violation is grounds for procedural response, not for waiting.

Why do investigators “not move” cases forward?

In practice, investigator inaction is rarely accidental. It is often related to excessive workload, lack of interest in a particular case, internal instructions, or simply a desire to avoid responsibility for a complex investigation.

For a victim, this means loss of time, evidence, and the opportunity for effective protection. For a suspect, it means a state of constant uncertainty, restriction of rights, and reputational risks. Without an active position, a party to the proceedings фактично becomes a hostage to the passivity of the law enforcement system.

This is why a complaint is not a conflict with the investigator. It is a lawful control mechanism provided by the Criminal Procedure Code that restores the balance of procedural rights.

When should a complaint about investigator’s inaction be filed?

Waiting is the most common mistake. A complaint should be prepared as soon as it becomes clear that procedural deadlines are being violated or the investigator is avoiding the performance of their duties.

Typical grounds for filing:

• information has not been entered into the URPI after submitting a statement;
• the investigator fails to consider a motion within the prescribed time limit;
• seized property is not returned;
• no decision is made to close the proceedings;
• the pre-trial investigation is unreasonably delayed.

In each of these cases, a timely complaint makes it possible to obtain a court ruling that is binding on the investigator.

How is the complaint filed and considered?

A complaint about an investigator’s inaction is submitted to the investigating judge of the local court. It must be legally sound, clearly reasoned, and supported by case materials. A formal text without references to the provisions of the Criminal Procedure Code usually does not produce results.

The investigating judge considers the complaint in an open court hearing. Based on the results of the review, the court may oblige the investigator to perform specific actions within a defined period. Such a ruling is binding and subject to immediate execution.

After a complaint is satisfied, “lost” cases usually begin to move much faster. This works when the complaint is prepared professionally.

The role of a lawyer in preparing a complaint

A complaint about an investigator’s inaction is not a formality but a procedural tool. A lawyer analyzes the case materials, records violations of deadlines, and determines which specific actions have not been performed. Proper qualification of the inaction and correct formulation of claims to the court play a crucial role.

In addition, the lawyer represents the client during the court review, substantiates the legal position, and responds to objections from the prosecution. As a result, the client receives not just a court ruling, but a real procedural outcome.

Independent attempts often end in refusal due to formal mistakes or incorrect determination of the subject of appeal.

Why you should not delay

Criminal proceedings do not forgive passivity. The longer the inaction continues, the more difficult it becomes to restore lost opportunities. Documents disappear, witnesses change their testimony, and limitation periods expire.

A complaint is not pressure, but a way to return the process to the legal framework. It demonstrates an active position and readiness to defend one’s rights lawfully.

Contact the Law Firm “Prikhodko and Partners” for an analysis of your situation and calculation of the cost of preparing a complaint about investigator’s inaction.