The public organization "Rule of Law" filed a complaint with the High Qualification Commission of Judges of Ukraine regarding the disciplinary action against Oleksiy Ivanovych Kapli, a judge of the Primorsky District Court of Odessa.
The reason for the appeal to the High Qualification Qualification Commission was an illegally issued ruling regarding the motor transport company “ATP 15107” (read more at https://verhovenstvo.com/view/8511).
As a reminder, on March 12, 2015, Judge Aleksey Kaplya issued a ruling ordering a police investigator to seize the original documents for the vehicles of ATP 15107 LLC as part of a criminal case.
Enforcement of this illegal decision is a way to block the company’s activities.
Moreover, the prosecution did not provide the court with any evidence or arguments justifying such measures as the seizure of the original documents for the vehicles of ATP 15107 LLC. The seizure of the original documents would have prevented ATP 15107 LLC from carrying out its business activities providing transportation services to passengers. This would have completely disrupted the entire operation of the company, which employs 304 people.
Paradoxically, Judge Alexei Kaplya didn't care about the lack of evidence in case No. 522/4949/15-k. The basis for this illegal court ruling, which essentially "kills" the company instantly, was the distorted and twisted information provided by prosecutors and police officers—in other words, individuals who were completely ignorant of the current legislation governing tenders for passenger transportation services. Without verifying the veracity of the information provided by law enforcement, the judge believed them and followed their lead, resulting in the illegal court ruling.
Judge Kaplya didn't even bother to look into the issue that was "concerning" him and law enforcement, nor did he consult with experts for the appropriate conclusions and advice. Yet a reasoned expert opinion could have dotted all the i's.
Alexey Kaplya may be "well-versed" in criminal procedure, but beyond criminal law, there's also civil, commercial, and administrative law... Kaplya knows how to punish, but he somehow lacks the skills to understand the issue without looking ridiculous. After all, the time has passed when everyone feared the judge's punitive sword. "Quietly" is no longer an option for serving a vast, hungry law enforcement apparatus.
Everyone will find out about this incident so that other justice officials will learn a lesson.
Moreover, the fact that Oleksiy Kapleya's ruling, in terms of the seizure of original documents, was illegal was confirmed by the Odessa Regional Court of Appeal, and in the very first session.
In view of the unlawful court ruling issued against ATP 15107 LLC, the Rule of Law NGO filed a complaint with the High Qualification Qualifications Court of Ukraine (HQCJ) regarding the unlawful actions of Oleksiy Ivanovich Kapli, a judge of the Primorsky District Court of Odessa, and demanded that he be disciplined by dismissing him from his position.
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To the High Qualification Commission of Judges of Ukraine
03109, m. Kiev, vul. Mekhanizatoriv, 9
SCARGA
for illegal actions of the judge of the Primorsky District Court of the city of Odessa, Oleksiy Ivanovich Kapli
The community organization “Rule of Law” is fighting against this scourge at the trial of the Primorsky District Court of the city of Odessa Oleksiy Ivanovich Kaplya, who knowingly ruled illegal praise for granting permission for temporary access and forcible originals of documents regarding the transport services of LLC "Autotransport Enterprise 15107", which could lead to a raider takeover of the enterprise through the blocking of its activities, the liberation of employees, etc. to the flow of viral production, What would lead to significant business and a residual decrease in competitive opportunities, as well as to the impossibility of participation in competitions for the implementation of bus transportation along routes in the Odessa region with the method of reorganization of transport the business path of illegally removing a competitor from the market at the same time as reducing the possibility of passengers transferring in the Odessa region using the additional rich routes of LLC “ATP 15107”. The Court of Appeal of the Odessa region, often scaling back and changing this praise. This is evidence of the illegality of the backdrop of a raider, corruption and illegal competitive scheme, as judged by Kaplya O.I. plays a key role.
03/12/2015 r. Investigator of the Primorsky District Court of Odessa on March 12, 2015. Kaplya O.I., for the participation of the prosecutor Gurska L.M., “without a legal obligation to LLC “ATP 15107””, vinіs Praise according to document No. 522/4949/15-k, which praised Nadati to the senior investigator of the SV OMU GUMVS of Ukraine in Odessa region Dibi Oleni Dmitrivna (for the troubles of which praise was given “at the base of the statement of the unknown huge organization “Civilian Movement Gromadsky Control””) and the operational authorized UDSBEZ GU Ministry of Internal Affairs of Ukraine in Odessky region, Oleksandr Anatoliyovich Sheremet, on behalf of the security officer, was given temporary access to the original documents for transport services of LLC "Avtotransportne pіdpriemstvo 15107" (coupons for registration of transport services, license cards, agreements, powers of attorney and other documents, on the representation of LLC "Autotransport Enterprise 15107" vikorist (Vikorist) transport service), which were designated LLC "Auto Transport Enterprise" 15107" for passenger transportation in the application form before applying participation in the competition for the Management of the Maritime Complex, Transport and Communications of the Odessa Regional State Administration, announced in the newspaper Odesski News No. 87 (4652) dated 08/14/2014, It is possible to obtain the originals of these documents, which are located in LLC “Autotransport Enterprise 15107” (EDRPOU code 03115028) at the address: Odessa region, Bilgorod-Dnistrovsky metro station, st. Shabska, 67a.
Zhidno part 7 art. 163 of the Criminal Procedural Code of Ukraine, the investigating judge, the court in praise of granting timely access to speeches and documents, can date an order about the possibility of obtaining speeches and documents, if the side of the criminal offense brings evidence Sufficient evidence must be taken into account that without such strengthening there is a real threat of change or depletion of speeches and documents, and such strengthening is necessary to achieve the goal of preventing access to speeches and documents.
In this regard, the following judges are praised for the fact that every day they did not provide the usual sources for obtaining from LLC “ATP 15107” the original documents, on the basis of which the company vicoristic transport means, for which There would be a real threat of change or reduction of speeches and documents, or such a development is necessary to achieve the goal of denying access to speeches and documents.
Zhidno part 2 art. 163 of the Criminal Procedural Code of Ukraine, as a party to criminal prosecution, which has been subjected to the troubles, will bring to the fore sufficient evidence to be taken into account, so that there is a real threat of change or a decrease in speeches and documents, troubles You can be examined by the investigating judge, by the court without asking a person, who has some kind of stench from Volodya.
Zgidno clause 7, part 2, art. 160 of the Criminal Procedure Code of Ukraine, in addition to the need for obtaining speeches and documents, if the supply is violated by the party criminal activities.
The accused party has not made clear that it is obvious that there are sufficient evidence to be taken into account, that without obtaining from LLC “ATP 15107” the original documents, on the basis of which the company vikoryst transport However, there is a real threat of change or depletion of speeches and documents, and such development is necessary to achieve access to speeches and documents.
LLC "ATP 15107" is ready to provide the accused parties with copies of documents on the basis of which transport services are disputed, unless the originals of the specified documents are obtained, the remains of LLC "ATP 15107" will be reduced the possibility of carrying out your business activity by providing transport services to companions, so that it would become impossible due to the introduction of illegal praise to paragraph 2.1 of the Rules of the Road Rules of Ukraine, especially for any type of mechanical transport mother is especially guilty your registration document for the transport document.
It is an undeniable attempt to investigate the need to obtain from LLC “ATP 15107” the original documents on the basis of which the company is engaged in victorious transport means, this circumstance (paragraph 2 arkush 2 disgraced praise), that the enterprise did not submit documents for the investigator’s request, and also LLC “ATP 15107” and did not require to submit documents again, since such a request for the investigation is illegal. why Timely access to speeches and documents is available only at the hearing of the investigative court, the court is allowed up to Part 2 of Art. 159 of the Criminal Procedural Code of Ukraine, and not on the stand of the investigator.
Zhidno part 3 art. 132 of the Criminal Procedural Code of Ukraine, the establishment of criminal proceedings is not allowed if the investigator does not prove that: - there is a reasonable suspicion that such a criminal offense has been committed level of severity, which can serve as a basis for stopping criminal prosecution; — the need for pre-trial investigation to vindicate such a level of protection of the rights and freedoms of the individual, as is the case in the troubles of the investigator and the prosecutor.
Neither the accused party nor the court, decreeing illegal praise to the Primorsky District Court of Odessa on March 12, 2015. at the certificate No. 522/4949/15-k about the receipt of original documents, on the basis of some LLC "ATP 15107" vikoristic transport services, without any LLC "ATP 15107" you are free from the possibility of making your own Reception activities related to the provision of transport services to fellow residents were not carried out on a daily basis, so that: there is a suspicion of having committed a criminal offense of such a level of severity that it could be a basis for robot blocking numbers of 304 individuals; that the pre-trial investigation truly represents such a step in the right and freedom of the individual, which goes into the troubles of the investigator, the prosecutor, to allow obtaining the original documents, on behalf of other LLC "ATP" 15107" continues its business activities.
In order to identify any investigator, the prosecutor goes through all the troubles, perhaps without obtaining the original documents, on the basis of the LLC "ATP 15107" vikoristic transport services, without any LLC "ATP 15107" you will be able to carry out your business activities by providing transport services to your co-workers. Such statements, in our opinion, may be confirmed by additional copies of documents, sheets of the State Administration of the Ministry of Internal Affairs of Ukraine in One Region. There are a number of transport methods of LLC "ATP 15107" from the beginning of 2014, which confirm the presence of the partnership 122 transport methods in the indications of the period, which confirm the lack of supply of work a trace and disgraceful praise.
Also, judging Kaplya O.I., having violated all the established criminal procedural norms, these illegal approaches are aimed at blocking the government activity of LLC “ATP 15107”, the remains of the acquisition of the originals For all transport services of LLC "Autotransport Enterprise 15107" (vehicle registration coupons, license cards, contracts, powers of attorney and other documents) it is impossible to carry out such transport operations passengers and luggage, before that To make it impossible for citizens to move to other villages and places in the Bilgorod-Dnistrovsky district and Odessa region, which could lead to a truly negative influx on their primary life, if the Court of Appeal did not change I will praise you for how impudently she was appointed to Judge O.I. Kapley. as such, which does not invite disgrace, which is ostentatiously contrary to our social system from the principles of freedom of business development and the important extension of the rights of legal and physical persons.
The designated group of individuals, together with Kaplya O.I., following an obviously unjust decision bears the signs of a corruption scheme aimed directly at destabilization, blocking the government activities of LLC "ATP 15107" with further raider hoardings of the partnership with valuable assets, which will become a legacy of inability to remove profits, saving all 304 workers of LLC "ATP 15107", homeland what to lose without benefits and sleep, not payment of all taxes and fees, dissolution of all government contracts for route transportation, group transportation, children, excursion transportation for marketing, advertising, etc., guilt of borgs and penalties, which will lead to bankruptcy and raider burying of the partnership. Moreover, the partnership could have been relieved of the right and ability to transport, at the same time from the masses, the most important categories of citizens, which they require regularly and do not have any other ability to take from a special Doctors, shops, cannot provide for their relatives, work, etc. In fact, the Primorsky District Court of the Odessa region, with a special person appointed as a townsman, with a special judge, Kaplya O.I., doomed rich citizens to suffering, poverty and insecurity, which is unacceptable in the minds of a democratic marriage From human values, including fairness and economic development.
Therefore, with this praise, the constitutional rights of the citizens to transfer, to practice, to repair, which is a legacy of lawlessness, carelessness, service insecurity due to the transfer of their townspeople to new positions, are being violated, What, unfortunately, is gradually disappearing and may emerge from the stereotypes of our marriage, changing to absolute, fair and transparent freedom of people and business according to the norms established by law, however, for everyone without illegal abuse of the ship and government system for the special illegal wealth.
These illegal actions cannot be seen in such an important time for the state during the crisis and economic reforms, since the stench is impudently directed at the destabilization and collapse of private business, which is under the influence of the state economy our land.
At the trial, judge O.I. Kaplya was praised. In a moment there will be a raider seizure of ATP 15107 LLC and further sales, in connection with which it would be impossible to further conduct government activities.
Delivery to station. 2 of the Law of Ukraine “On the Judicial System and the Status of Judges”, the court, acting as justice based on the rule of law, will ensure everyone’s right to a fair trial, including other rights and freedoms guaranteed by the Constitution and laws of Ukraine, as well as international treaties, the obligation for which is imposed by the Verkhovna Rada of Ukraine.
In accordance with Article 83 of the Law of Ukraine “On the Judicial System and the Status of Judges”, a judge may be subject to disciplinary authority in the order of disciplinary action from the following points: 1) sources violation of the norms of procedural law in the current justice, bound, closed, with the individual having access to justice from the stand, not passed on by law, the violation was possible due to the division and registration of documents with the court, the rules of jurisdiction where under the roof, unprimed during visits to secure the call; 3).
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 Law of Ukraine “On the Judicial System and the Status of Judges”,
WE REQUEST:
1. Conduct a review of the furnishings placed in the warehouse.
2. Consider the case regarding the prosecution of the Primorsky District Court of the city of Odessa, Oleksiy Ivanovich Kaplya, to disciplinary liability.
3. Return to the Supreme Court for the sake of justice and submit to the Verkhovna Rada of Ukraine a petition against the judge of the Primorsky District Court of the city of Odessa, Oleksiy Ivanovich Kaplya, with a loan of imprisonment for breaking the oath.
Addition:
— a copy of the Praise to the Primorsky District Court of Odessa dated March 12, 2015;
— a copy of the Praise of the Court of Appeal of the Odessa region dated March 31, 2015.
Chairman of the Board
GO "Rule of Law" V.M. Bukach
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