Kyiv PO refuses to investigate breaches of procedure despite ruling

Tax issues: Other issues Kyiv

Complainee: Kyiv Prosecutor’s Office; Darnytsia District STI Financial Investigations Department, Kyiv
Complaint in Brief: In March 2016, a major wholesale and distribution company, filed a complaint with the BOC. On January 12, a search of the Complainant’s offices had been conducted by the Financial Investigations Department of the Darnytsia District State Tax Inspection in Kyiv. The Complainant claimed that the search had involved multiple breaches of procedure and it had filed notice of a crime with the Kyiv Prosecutor’s Office. However, the PO had issued a formal refusal to launch criminal proceeding based on the Complainant’s claims. In February, the Darnytsia District Court in the City of Kyiv had, however, obligated the Kyiv Prosecutor’s Office to register the initiation of the criminal proceeding based on the Complainant’s notice submitted to the Unified Register of Pre-trial Investigations. Still, the Complainant noted, the Prosecutor’s Office had failed to carry out the court ruling.
Actions taken: The BOC investigator noted that, according to Art. 214 of the Criminal Procedural Code of Ukraine, the prosecutor was obliged to register a notice of crime in the Unified Register of Pre-trial Investigations within 24 hours. The BOC investigator concluded that the refusal of the Kyiv Prosecutor’s Office to register the Complainant’s notice of crime was illegitimate. The BOC addressed the Prosecutor’s Office with a letter requesting that this malpractice be investigated and all necessary actions taken to have the court ruling implemented.
Result achieved: In less than one month, the Kyiv Prosecutor’s Office informed the BOC that the it had initiated two criminal proceedings based on the Complainant’s notice, both based on Art. 365 of the Criminal Code of Ukraine, which specified responsibility for abuse of office by officers of law enforcement agencies. The criminal investigation continues.

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