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International express shipments released from under arrest

14.05.2021

Complainee: The State Fiscal Service (SFS), Investigative Department of Financial Investigations of Large Taxpayers Office of the SFS (ID FI)

Complaint in brief: A postal company turned to the Business Ombudsman Council. As part of criminal proceedings, law enforcers searched the company’s warehouses in Kyiv. They confiscated international express shipments from the complainant. Although the court did not impose arrest on the property, law enforcement officers kept the parcels. The company could not deliver shipments to recipients. As a result of the company's appeal against LTO investigator’s actions, the court ordered the state body to return the seized express shipments. However, the ID FI did not comply with the court decision. The investigator started reviewing the company's complaint.

Actions taken: After examining the circumstances of the case, the investigator found the complaint substantiated. The Council recommended that the SFS and the AFP immediately return the illegally seized property to the company. The investigator pointed out that the court ruling had been officially published in the register, and the investigator was aware of its contents. In particular, the BOC stressed that according to the Constitution of Ukraine, a court decision that has entered into force is binding, and its intentional non-execution is a criminal offense.

Result achieved: The SFS followed the Council's recommendations and returned seized international express shipments to the complainant. The case was successfully closed.