Abuse of local Prosecutor’s Office officials halted

Prosecutor’s Office actions: procedural abuse Kyiv region

Complainee: Prosecutor General’s Office, Boryspil Local Prosecutor’s Office
Complaint in brief: The Council received a complaint from a Kyiv-based construction company. The company complained about allegedly illegal actions of officials from Boryspil Local Prosecutor’s Office. The complainant leased a land plot where he planned to build a complex of grocery and non-food stores. When the land owner changed, the parties amended the lease agreement by dividing the land into two separate plots with the corresponding cadastral numbers. The complainant started construction works on one of the plots and informed the State Architectural and Construction Inspectorate (DABI) in Kyiv Oblast. DABI received a letter from the company, but replied that it neither specified the customer location, nor provided complete information on the main indicators of construction objects. Law enforcement authorities arrived at the construction site and inspected the land to see if the company complied with land laws. The complainant later found out that the law enforcers had initiated the inspection because information on commencement of construction works provided by the company earlier – was absent in the Unified Register of Documents. Given the fact that law enforcers conducted the inspection without the decision of the investigating judge and did not provide the complainant with a report on its results, the company turned to the BOC for assistance.
Actions taken: The investigator examined the circumstances of the case and found the complaint substantiated. The Council recommended that Kyiv Regional Prosecutor’s Office check the Boryspil Local Prosecutor’s Office officials’ actions in relation to the complainant. The Council noted that, according to the Criminal Procedure Code of Ukraine, law enforcement officers must ensure a prompt, complete and impartial investigation so that due diligence to each participant in criminal proceedings is applied.
Result achieved: Following the Council’s facilitation, Kyiv Regional Prosecutor’s Office closed the criminal proceedings in connection with the construction company case finding no signs of a crime in the complainant’s actions. The case was closed.

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