Entrepreneur’s seized property return

Complainee: Prosecutor’s General Office, the Main Investigation Department of the National Police of Ukraine (MID NP)
Complaint in brief: The Business Ombudsman Council (BOC) received a complaint from a private entrepreneur from Kyiv. The businesswoman complained that law enforcers searched her office and seized computer equipment and documents. Since the investigator and the prosecutor had not approached the judge with a motion for the arrest within 48 hours of the seizure, they had to return the complainant’s property. The entrepreneur asked the Prosecutor’s General Office and the MID NP to return temporarily seized property, but she did not get any feedback. Therefore, the businesswoman complained to the investigative judge about inaction of law enforcers. The judge ordered the MID NP to return the complainant’s property. However, worrying that she would still have to wait for a long time, the private entrepreneur turned to the BOC for help.
Actions taken: After examining the circumstances of the case and finding the complaint substantiated, the BOC recommended that the Prosecutor’s General Office and the MID NP arrange the return of the seized property to the entrepreneur as soon as possible. The BOC noted that according to the provisions of the Constitution of Ukraine and the Civil Code of Ukraine, no one can be unlawfully deprived of property. The right of private ownership is inviolable. In addition, the BOC stressed that the court decision, which had entered into force, was subject to immediate enforcement.
Result achieved: With the BOC’s facilitation, law enforcers established a working dialogue with the complainant and returned the seized property. The case was successfully closed.