PRIKHODKO & PARTNERS Attorneys NABU’s ordered

an investigation into the illegal conduct searches and pressure on the company DFS bodies

On 12.04.2018, the investigative judge of the Obolonsky District Court of Kyiv issued Decision No. 1-ks / 756/857/18 on the search of the enterprise. This ruling was issued in violation of Part 4 of Art. 234 of the Code of Criminal Procedure of Ukraine (the prosecutor's or investigator's participation is not ensured), part 5 of Art. 27 of the Code of Criminal Procedure of Ukraine (there is no complete recording of the court session with the help of sound and video recording equipment), item 8, part 2, Art. 234 of the CPU of Ukraine (no evidence of refusal to conscientiously access things, documents or information that may not be contained in them), item 5, part 5, art. 231 of the Code of Criminal Procedure of Ukraine (the search in this case was proportional to interference in the personal and family life of the person, since the enterprise in no way created obstacles to the investigation and all officials of the said enterprise are in the status of witnesses).

Thus, during the illegal search, the enterprise suffered material damage and amounted to UAH 298,672.22, namely: loss of profit in the amount of UAH 260 503, 00, wage costs 31,200, 45 and expenses for taxes 6968 57.

Thus, officials of the court and investigative bodies of the DFS abusing power and official position by their actions caused significant harm to the rights protected by law and the interests of society.

On the basis of the above, the lawyers of the bureau sent to the National Anti-Corruption Bureau an application for the commission of a criminal offense under Art. Art. 364, 375 of the Criminal Code of Ukraine.

However, contrary to Article 214 of the Code of Criminal Procedure, NABU officials ignored this report of a criminal offense. In this connection, the lawyers sent a complaint to the court against the omission of the authorized person of the NABU for not reporting to the ERDR on the commission of a criminal offense. In the court session, the complaint of the lawyers' bureau "PRIKHODKO & PARTNERS" about entering information into the ERDR state register on the opening of criminal proceedings by authorized officials of NABU was fully satisfied.

The court ordered the NABU to make information in the single register of pre-trial investigations of information on criminal offenses on the basis of a statement by the lawyers of PRIKHODKO & PARTNERS regarding the unlawful actions of the investigator of the judge and employees of the DFS investigative department and to initiate pre-trial investigation.

Thus, the detectives of NABU started pre-trial investigation in two criminal proceedings No. 52018000000000597, part 1, article. 375 and No. 52018000000000598 on part 2 of Art. 364 of the Criminal Code of Ukraine.