Criminal case against developer from Kyiv Oblast finally closed
Complainee: Kyiv Oblast Prosecutor’s Office (Prosecutor’s Office)
Complaint in brief: A developer building a residential complex (Complex) in Kyiv Oblast appealed to the Council. The company complained about interference of the Prosecutor's Office with its business activity and law enforcers pressure who put the Complex further construction at risk.
According to the Complainant, the prosecuting authorities doubted that he lawfully used the land plot of the Complex. Thus, the Prosecutor’s Office was concerned about land plot lease and sublease agreements compliance with currents legislation. However, all courts – of the first instance, the appellate and the cassation ones – confirmed that developer’s documents were ok. Moreover, even in 2017, the court ordered law enforcers to return temporarily seized property to the Complainant within the framework of the investigation.
Notwithstanding that fact, law enforcers were in no hurry to comply with the court order. The company turned to the Business Ombudsman with this issue.
Actions taken: The Council had been working on the complaint for almost two years. Having gone through all the instances, the investigator addressed the Prosecutor General of Ukraine. However, for a long time law enforcers replied only that the land assessment expertise was ongoing. The Council, for its part, referred to current legislation, which did not provide for the mandatory handing over all case files during the expertise, and insisted on the court order enforcement.
Result achieved: After months of delay, criminal proceedings against the Complainant were closed due to absence of a crime. The company asked the Council to complete investigation of the complaint and thanked for assistance: “We are confident that the work of the Business Ombudsman’s team has significantly contributed to the successful outcome of our case.”