Фото: VICTORY OVER THE OFFICE OF THE ATTORNEY GENERAL IN THE SUPREME COURT

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Prykhodko Andrii

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VICTORY OVER THE OFFICE OF THE ATTORNEY GENERAL IN THE SUPREME COURT

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We recently wrote a post about how to change jurisdiction in criminal proceedings. Here is the result - a positive decision of the Supreme Court of Ukraine, which satisfied the request of the defense attorney to refer criminal proceedings No. 12020000000000119 (case № 335/2540/22), the qualification provided for in Part 4 of Art. 190 of the Criminal Code of Ukraine and the criminal proceedings were transferred from the Ordzhonikidze District Court of Zaporizhzhia to the Pechersky District Court of Kyiv.

Representation in the Supreme Court of Ukraine requires a lawyer in criminal cases not just to be a lawyer, but to have relevant experience in handling similar cases and clearly know the practice of the Supreme Court. Andriy Prikhodko

The court proceeded from the fact that the first part of Article 32 of the Criminal Code of Ukraine stipulates that criminal proceedings are conducted by the court on the territory of which the crime was committed. If there were several crimes, the case will be considered by the court in whose territory the most serious crime was committed, and if the crimes are the same in severity, then the court where the last crime was committed. If the law enforcement officers have not established the place where the crime was committed, the case is considered by the court at the location of the pre-trial investigation body that has finished investigating the criminal case.

Bodies of pretrial investigation in accordance with Article thirty-eight of the Criminal Procedure Code of Ukraine are:

  • investigative units:
    - bodies of the National Police;
    - security agencies;
    - bodies that control compliance with tax legislation (now BEB);
    - bodies of the State Bureau of Investigation;
  • units of detectives, unit of internal control of the National Anti-corruption Bureau of Ukraine.

The legislation clearly stipulates that a criminal case must be transferred to another court if, before the hearing of the case, it is established that the rules of jurisdiction have been violated (Part 1, Article 34 of the Criminal Procedure Code of Ukraine).

Lawyer. Supreme Court of Ukraine. Jurisdiction dispute. These are the key terms, the combination of which gives the desired result if the criminal lawyer is a professional in his field. Andriy Prikhodko

According to the case in which our lawyers worked, the indictment was sent to the Ordzhonikidze District Court of Zaporizhzhia. Based on the act, it was established that the case was referred to the court in connection with the commission of the crime provided for in part 4 of Article 190 of the Criminal Code of Ukraine (fraud). At the same time, based on the content of the indictment, the pre-trial investigation body did not establish the place where the crime was committed.

While the investigative body is the Main Investigative Department of the National Police of Ukraine, the same body completed the pre-trial investigation and sent the case to court.

GSU NP of Ukraine, according to the Unified State Register of Legal Entities and Individual Entrepreneurs, is located at the address: str. Bogomoletsa, 10, in Kyiv. The specified address is within the jurisdiction of the Pechersk District Court of Kyiv, and therefore the case must be heard in this court.

Taking into account the above, the Supreme Court of Ukraine (Criminal Chamber) took into account the arguments of the defense that the indictment in criminal case № 12020000000000119 with violation of jurisdiction was sent to the Ordzhonikidze District Court of Zaporizhzhia and satisfied the request of the lawyer to the Supreme Court of Ukraine.

Criminal lawyer AB Prikhodko&Partners is a high level of professionalism and competence. Most of our lawyers are former employees of the prosecutor's office and investigative bodies, which gives us the opportunity to always be one step ahead.

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