Law enforcers return 200 tons of fish to a fishing company
Subject of complaint: Investigation Department of the National Police in Zaporozhzhia Oblast (Investigation Department)
Complaint in brief: On August 6, 2018 a fishing company applied to the Council with a complaint challenging inactivity of the National Police Investigation Department. The law enforcers did not return the Complainant 200 tons of frozen fish seized during a search.
In early July the district court allowed to conduct a company’s search. As a result, law enforcement officers withdrew documents specified in the court ruling. They had also seized 200 tons of frozen fish worth UAH 3 mln. the court did not give its permission for. In addition, transportation of seized fish was carried out with violations – prior to the end of the search and protocols registration.
The Court of Appeal canceled arrest of property, after that it should have immediately been returned to the company. Complainant has applied to the Investigative Department for the return of products three times but to no avail. The investigator avoided executing a court order in every possible way. As of August 6, the fish hasn’t been returned, and the company was unaware of its storage conditions. Hoping to return the product on time and in a saleable condition, the Complainant asked the Council for support.
Actions taken: The Council’s investigator promptly turned to the Prosecutor General's Office of Ukraine and the National Police of Ukraine with a request to check the lawfulness of the investigator's actions. In addition, he stressed the need to comply with the Court of Appeal’s decision and immediately return the temporarily seized property.
Result achieved: Following the involvement of the Prosecutor's Office of Zaporizhzhia Oblast and the Central Investigation Department of the National Police of Ukraine, the Investigation Department returned the product to the Complainant. The case was closed successfully.