Kyiv Deputy Prosecutor Andriy Lyubovych responded to the NGO "Rule of Law" by declaring that an investigation into the fraud committed by the NGO "Association of Taxpayers of Ukraine" would not be conducted. The NGO's statement allegedly lacked facts and evidence.
As a reminder, on February 02, 2015, the public organization "Rule of Law" appealed to senior government officials with a statement citing examples of corruption schemes used by fiscal service officials. Officials from the aforementioned agency, in collusion with the leadership of the public organization "Association of Taxpayers of Ukraine," are extorting money from entrepreneurs under the guise of providing refundable financial assistance (read more at https://verhovenstvo.com/view/8201).
It's worth noting that the prosecutor failed to enter the data into the Unified Register of Pre-Trial Investigations, initiate a pre-trial investigation, or verify the facts during the investigation.
In response to the prosecutor's inaction, the public organization "Rule of Law" appealed to the Pechersky District Court of Kyiv, demanding that the prosecutor's inaction be declared unlawful and that it be required to enter the information into the Unified Register of Pre-Trial Investigations and verify the facts pointed out by the activists.
Time will tell what decision the Pechersky District Court of Kyiv will make.
Below is the prosecutor's office's response and the text of the appeal.
____________________________________________________________________________________
Investigative Court of the Pechersk District Court of Kiev
01601, metro Kiev, vul. Khreschatyk, 42a
STATEMENT
about the inactivity of the prosecutor's office
The subject of this application is the illegal inactivity of the prosecutor's office of the city of Kiev in particular the defender of the prosecutor of the city of Kiev A. Lyubovych for failure to submit data to the Unified Register of Pre-trial Investigations after the termination of the license declare
On February 02, 2015, the huge organization “Rule of Law” sent an application No. 06/02-15 to the address of the largest towns and villages of the region, about the commission of the ceremonies of the State Fiscal Service of Ukraine and the huge organization "Association of Taxpayers of Ukraine" criminal offenses, which manifested itself in the appearance of extortion of funds from contractors under the guise of cash assistance.
On February 27, 2015, the huge organization “Rule of Law” received a confirmation from the General Prosecutor’s Office of Ukraine regarding the application sent to the huge organization on February 02, 2015, no. 06/02-15, for consideration before the intercessor of the prosecutor of the city of Kiev Lyubovich A.O., which was required to organize her review in accordance with the current legislation.
On January 11, 2015, at the address of the huge organization “Rule of Law”, a report was received from the Kiev prosecutor’s office on April 04, 2015, No. 15/1-361-15, according to the prosecutor m. Kiev A. Lyubovich reported that as a result of the review, statements of illegal actions of the town officials of the State Fiscal Service of Ukraine and the huge organization “Association of Tax Payers” Ukraine", there is no Data have been identified that indicate the presence of criminal offenses in the acts of more significant individuals, and therefore any circumstances that can serve as a basis for entering information into the Unified Register pre-trial investigations.
The illegal inactivity of the prosecutor's office is reflected in the fact that the prosecutor of Kiev A. Lyubovich, the deputy prosecutor of Kiev, A. Lyubovych, who rejected the application on 03 February 2015 with a view to opening the pre-trial investigation, instead of entering additional information to the Unified Register of Pre-trial Investigations, transferring your own information by submitting sheet No. 15/1-361-15 dated 04/04/2015, in which you have informed that, as a result of the review, you have declared unlawful acts townspeople The State Fiscal Service of Ukraine and the huge organization “Association of Taxpayers of Ukraine”, there is no data in it to indicate the presence of more significant individuals in the activities criminal offenses, as well as any other circumstances that can serve as a basis for entering records into the Unified Register of Pre-trial Investigations.
Prote, the official Criminal Procedural Code of Ukraine does not transfer the rights of the prosecutor to enter “sheets” in which to inform about the failure to enter data into the Unified Register of Pre-trial Investigations after the withdrawal of information about the commission of a criminal offense.
Subject to Article 19 of the Constitution of Ukraine, the authorities of the state government and the bodies of local self-government, their citizens are required to act exclusively on a stand, but between them, in a way that transferred by the Constitution and laws of Ukraine.
Subject to Article 12 of the Law of Ukraine “On the Massacre of Communities”, this Law does not extend the scope of consideration of applications and scum of communities, provisions of criminal procedural, civil procedural, labor legislation, legislation on protection of economic competition, the laws of Ukraine “On the judicial system and the status of judges” and “On access to court decisions”, the Code of Administrative Judiciary of Ukraine.
Oskolki The Law of Ukraine “On the Animal Husbandry” does not give the right to review applications filed in accordance with the Criminal Procedural Code of Ukraine, and the current Criminal Procedural Code of Ukraine does not transfer the right of the prosecutor to issue notices about non-filing records to the Unified Register of Pre-trial Investigations, under the hour of reviewing this document, place the trace on the stand, in accordance with the norms of the law, the intercessor of the prosecutor of the city of Kiev A. Lyubovich, filing sheet No. 15/1-361-15 ed 04 Berezny 2015 fate, in which it was noted that the applicant did not provide evidence of a thorough investigation by the State Fiscal Service of Ukraine and the huge organization “Association of Taxpayers of Ukraine” criminal offence.
As the intercessor of the prosecutor of the city of Kiev, A. Lyubovich, changes that in the affairs of the townspeople of the State Fiscal Service of Ukraine and the huge organization "Association of Taxpayers of Ukraine" a daily warehouse criminal offense, then in this situation, according to Article 284 of the Criminal Procedural Code of Ukraine, the prosecutor must issue a resolution to close the criminal offense. In this case, the fact of the presence of a sign of malpractice in a person’s actions is established during the pre-trial investigation after the entry of the relevant records into the Unified Register of Pre-trial Investigations. The establishment of any conditions to replace the information about the crime committed in pre-trial investigations - according to the Criminal Procedural Code of Ukraine, has not been transferred.
Subject to Article 214 of the Criminal Procedure Code of Ukraine, the investigator, the prosecutor, without delay, unless no later than 24 years after filing the application, notification of the commission of a criminal offense or after an independent he identified any circumstances that could indicate the commission of a criminal offense, requests to enter information into the Unified Register of Pre-trial Investigations and launch an investigation.
The investigator, prosecutor, and other service person is requested to accept and register such a statement and notification of criminal offenses. Vidmova will accept and register applications and notifications of criminal offenses are not allowed.
Article 214 of the Criminal Procedural Code of Ukraine requires that the prosecutor of criminal complaints must at any time register information about the commission of a criminal offense and enter additional information into the Unified Register pre-trial investigations. The prosecutor is not able to provide any legal evidence from the registration of the notification in the Unified Register of Pre-trial Investigations, which leads to his thought, such as not to confirm the commission of a criminal offense.
In this case, according to Part 5 of Article 214 of the Criminal Procedural Code of Ukraine, the very conditions that were indicated by the applicant in his application are entered into the Unified Register of Pre-trial Investigations. How to respond to the statement of the huge organization “Rule of Law” dated 02.2015, in the statement they laid out the conditions that can indicate the commission of a criminal delinquent
In accordance with Article 303 of the Criminal Procedure Code of Ukraine, during pre-trial proceedings, the inactivity of the prosecutor may be disapproved of due to the fact that information about criminal offenses has not been entered into the Unified Register pre-trial investigations after the withdrawal of a criminal complaint.
Also, according to Article 303 of the Criminal Procedural Code of Ukraine, it is clear that a person has the right to punish the very inactivity of the prosecutor, which results from the failure to submit information to the Unified Register of Pre-trial Investigations. In addition, the Criminal Procedural Code of Ukraine does not transfer the right to punish the “decision” regarding the failure to enter data into the Unified Register of Pre-trial Investigations. However, the legislator did not convey that the prosecutor can make a decision about Vidmova by registering an application in the Unified Register of Pre-trial Investigations, since such Vidmova is directly prohibited by Article 214 of the Criminal Procedure Code Ukraine.
Subject to Article 304 of the Criminal Procedural Code of Ukraine, decisions, actions or inactivity of the investigator and the prosecutor, transferred in part to Article 303 of this Code, may be subject to special over a period of ten days from the moment a decision is made, action or inactivity. If the decision of the investigator or the prosecutor is formalized by a decree, the lines of filing of money begin from the day a special copy is taken.
The list of the prosecutor's office was withdrawn on January 11, 2015, although it would like to receive confirmation No. 15/1-361-15, which was received from the prosecutor's office in Kiev and was sent to the address of the large organization “Rule of Law” 04 Berezny 2015 rock.
Thus, the huge organization “Rule of Law” is physically unable to promptly send money within ten days from the day of signing the sheet by A. Lyubovych, and until 14 March 2015 the fate of the connection with this, which otrimano sheet bulo lishe 11 bereznya 2015 rock.
Physicians at the visceral depository, in compliance with Article 303 of the Criminal Procedure Code of Ukraine, -
WE REQUEST:
1. Update the lines on the inactivity of the prosecutor's office of the city of Kiev in the person of the intercessor of the prosecutor of the city of Kiev A. Lyubovich to ensure the failure to enter relevant data into the Unified Register of Pre-trial Investigations.
2. Recognize the unlawful inactivity of the prosecutor's office of the prosecutor's office of the city of Kiev in particular the defender of the prosecutor of the city of Kiev A. Lyubovych for failure to submit evidence to the Unified Register of Pre-trial Investigations on the basis of the application of the huge organization “Rule of Law” No. 06/02-15 dated 02 February 2015.
3. Call for the reinstated prosecutor's office of the city of Kiev to enter additional information into the Unified Register of Pre-trial Investigations on the basis of the application of the huge organization “Rule of Law” No. 06/02-15 on February 02, 2015, about the commission of criminal offenses by the officials of the State Fiscal Service of Ukraine and the huge organization “Association of Taxpayers of Ukraine”.
4. Conduct an examination without the participation of a representative of the large organization “Rule of Law”.
Add-ons:
— Copy of application No. 06/02-15 dated 02.02.2015 about the commission of criminal acts by the townspeople of the State Fiscal Service of Ukraine and the huge organization “Association of Taxpayers of Ukraine” delinquency;
— A copy of the report of the General Prosecutor's Office of Ukraine No. 06/1-r dated 18 December 2015;
— Copy of the complaint from the Kiev City Prosecutor’s Office No. 15/1-361-15 dated 04 February 2015;
— A copy of the extract from the Unified State Register of Legal and Physical Characteristics of Entrepreneurs.
Chairman of the Board
GO "Rule of Law" Bukach V.M.
Subscribe to our channels in Telegram, Facebook, Twitter, VC — Only new faces from the section CRYPT!