A distributor of air conditioning and heating systems complained to the Business Ombudsman Council about the Bureau of Economic Security (BEB). Law enforcement officers opened a criminal proceeding against the company under Article 212 of the Criminal Code of Ukraine for tax evasion.
Based on the ruling of the investigating judge, BEB detectives conducted searches and, in addition to the authorized search of property, seized equipment and working documentation on cooperation with counterparties that were not mentioned in the ruling. The company’s temporarily seized property was not returned, despite the investigating judge’s refusal to grant the motion to seize it and the company’s complaint about the inaction of BEB detectives.
As part of the consideration of the company’s case, the Council appealed to the Prosecutor General’s Office and BEB and requested the return of the temporarily seized property as soon as possible.
The Council also emphasized that deprivation or restriction of property rights during criminal proceedings is carried out only on the basis of a reasoned court decision, and the fact of an appeal against the court decision refusing to impose an arrest does not affect the obligation to return temporarily seized property. As a result of the Council’s communication with law enforcement agencies, BEB returned the property and the enterprise resumed work.
