As the public organization "Rule of Law" has learned, Judge Oleg Nikolaevich Neporada of the Malinovsky District Court of Odessa is currently handling a criminal case against N.V. Miserzhi, S.V. Dimitrov, V.V. Borovik and S.I. Veris, for committing a crime under Part 4 of Article 185 (large-scale theft) of the Criminal Code of Ukraine.
This case was sent to the Malinovsky District Court of Odessa back in 2012, but for some reason, as of today, the perpetrators have not been held accountable, and the injured party has not been compensated for the damages caused. According to participants in this trial, the judge never questioned the defendants during the entire trial and released them from custody without any obligations on their part. Judge O.N. Neporada constantly postpones the case for reasons unclear to the participants.
Such inaction by the judge directly contradicts both national and international legislation regarding the consideration of criminal cases within a reasonable timeframe, and may also lead to a lawsuit being filed with the European Court of Human Rights and, as a consequence, the recovery of funds from the state as compensation for damages for excessive bureaucracy.
In order to prevent similar inaction by the judge in the future, the public organization "Rule of Law" filed a complaint with the High Qualification Commission of Judges of Ukraine regarding the judge's inaction.
Below is the text of the appeal.
_________________________________________________________________________________
To the High Qualification Commission of Judges of Ukraine
03109, m. Kiev, vul. Mekhanizatoriv, 9
SCARGA
for unlawful inactivity of the judge of the Malinovsky District Court of Odessa Neporadi O.M.
The community organization “Rule of Law” is fighting against this scourge at the trial of the Malinovsky District Court of Odessa Neporady Oleg Mykolayovich, which unconditionally tightens the lines of consideration of the criminal report No. 1/521/57/15 more lower by three rocks.
According to information obtained by the large organization “Rule of Law”, the judge of the Malinovsky District Court of Odessa O.M. Neporada. Since 2012, the accused Miserzhi N.V., Dimitrova S.V., Borovik V.V. are being considered criminally on the right. that Verisa S.I. For legal qualification, the crime is subject to Part 4 of Article 185 of the Criminal Code of Ukraine.
The most important individuals, who are suspected of evil, have not been given food to the judge for the entire hour of examination, the judge has not seen any food prepared for them in the world around the corner, the actual examination has been carried out steadily is presented to the judge without important reasons. Individuals who have committed criminal offenses have not been punished and remain free; the harm done to the victim has not been paid for.
The evidence was added that the Malinovsky District Court of Odessa on the basis of the document No. 521/3166/13k and the Ovidiopolsky District Court of the Odessa region on the basis of the case No. 509/3822/13, decisions were made on similar criminal charges On the right, it was condemned to the spivuchnikh of high-ranking persons, it was not clear why the judge of the Malinovsky District Court of Odessa O.M. Neporad. So for a long time she looks at the accused Miserzhi N.V., Dimitrova S.V., Borovik V.V. that Verisa S.I.
Uncomplicated prolongation of the review of the direct violation of Article 6 of the Convention on the protection of human rights and fundamental freedoms, as well as the constitutional right to judicial protection, guaranteed by Article 55 of the Constitution of Ukraine, has a negative impact on the effectiveness of justice.
In accordance with paragraph 1 of the Resolution of the Plenum of the High Specialized Court for the Consideration of Civil and Criminal Cases No. 11 dated 10/17/2014 “About the actions of feeding reasonable lines for the consideration of the courts of civil, criminal cases information and information about administrative offenses" in the current justice courts must respect those consistent with paragraph 1 of Article 6 of the Convention on the protection of human rights and fundamental freedoms of individuals and the right to judicial review. do your own thing increase the reasonable line.
In accordance with paragraph 3 of the Resolution of the Plenum of the High Specialized Court for the Consideration of Civil and Criminal Cases No. 11 dated 10/17/2014 “About the actions of feeding reasonable lines for the consideration of the courts of civil, criminal cases information and information about administrative offenses" reasonable, strictly, respects the lines that are objectively necessary for the implementation of procedural actions, the adoption of procedural decisions and considerations and the best handling of the method timely security (without untrue calls) to the ship's guard.
In accordance with paragraph 4 of the Resolution of the Plenum of the High Specialized Court for the Consideration of Civil and Criminal Cases No. 11 dated 10/17/2014 “About the actions of feeding reasonable lines for the consideration of the courts of civil, criminal cases certificates and information about administrative offenses" criteria for assessing the reasonableness of lines under the hour of criminal offenses and the complexity of criminal offenses; behavior of participants in criminal activities; the way investigators, prosecutors and courts act on their duties (Part 3 of Article 28 of the Criminal Procedure Code of Ukraine).
According to the practice of the European Court of Human Rights, the complexity of criminal activities is indicated by the determination of the number of suspects, accused and criminal offenses for which such activities are involved; number of participants in the progress (patients, witnesses, etc.); legal qualifications of criminal offenses; the availability at the time of the commencement of the pre-trial investigation of the evidence of a specific individual who had committed a criminal offense; the nature of the circumstances that support the proof of criminal proceedings; between evidence; a summary of pre-trial investigation materials, which are combined in one issue; the need for the recognition of examinations, their complexity; coverage and specifics of procedural actions necessary for comprehensive and continuous investigation of criminal offenses; the need to withdraw international assistance within the framework of criminal activities.
When assessing the behavior of the participants in criminal proceedings, ensure that they properly comply with their procedural obligations (screening, to appear at the request of the investigator, the prosecutor, the court summons; trying to win the minds of the accused zapobіzhnogo approach; nadannya before the law in the form of evidence); The foundation of the attacks of the evil of procedural rights, etc. In this case, the violation of procedural rights, zakrema, declare fuss, skarg, we cannot regard it as an overstepping development, for the sake of blame, if we are talking about the abuse of law.
It is important for the investigator, the prosecutor and the court to evaluate the method of their actions to ensure the consistency and timeliness of these procedural actions; the presence of periods of inactivity (inactivity), the reasons for which may be explained by the specific skin problem; the urgency of informing the individual about the suspicion; obstruction and suppression of criminal activities; relevance of the recognition of criminal proceedings (criminal proceedings) prior to judicial review; the establishment of a series of court hearings at long intervals and the transfer of criminal proceedings from one court to another; holding court meetings at destinations; finishing the lines of the ruling to the judge (or the court) with motivated praise and viroku and sending copies of procedural decisions to the participants in the judicial proceedings; the completeness of the current judicial control over the convicted criminals in the court of their service obligations, including the need to inform participants in criminal activities about the time of the court hearing; the frequency and relevance of the investigators, prosecutors, investigators, judges, court (judge) approaches to ensure criminal conduct and other approaches aimed at preventing dishonest behavior of participants in criminal conduct; the nature and effectiveness of actions aimed at accelerating criminal activity.
It is important to note that such inactivity of the court leads to prolongation of the judicial process and negatively affects the effectiveness of justice, and may also be a basis for the brutalization of the victim before the European Court. human rights.
In accordance with Article 2 of the Law of Ukraine “On the Judicial System and the Status of Judges”, the court, acting on the basis of the rule of law, ensures everyone’s right to a fair trial and in addition to other rights and freedoms guaranteed by the Constitution and laws Ukraine, as well as international treaties, the obligation for which is imposed by the Verkhovna Rada of Ukraine.
Corresponding to paragraph 2 of part 1 of Article 83 of the Law of Ukraine “On the Judiciary and the Status of Judges”, a judge may be subject to disciplinary authority in the order of disciplinary action on grounds of imprisonment for a judge Having come in to look at the statement, the skargi will draw out the line established by law.
Subject to Article 84 of the Law of Ukraine “On the Judiciary and the Status of Judges”, the right to file a complaint (application) for the conduct of the judge, which may result in the disciplinary authority of the judge, I know everyone who knows these facts.
It is important to note that Article 1 of the Code of Professional Ethics of the judge is guilty of adherence to the law, unscrupulous adherence to the oath and always conduct in such a way as to reduce the faith of the common people in honesty, independence, lack of precedence that justice to the court.
According to Article 7 of the Code of Professional Ethics, the judge is obliged to conduct judicial proceedings within the limits established by the procedural law, and to demonstrate tact, sensitivity, discretion and respect to the participants ship procedure and other matters.
On the basis of the deposit, in compliance with the provisions of the Law of Ukraine “On the Judicial System and the Status of Judges,” -
WE REQUEST:
1. Conduct a review of the furnishings in the given warehouse.
2. Look at the facts about the attraction of the judge to the Malinovsky District Court of Odessa Neporadi O.M. up to disciplinary level.
Chairman of the Board
GO "Rule of Law" Bukach V.M.
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