14071

08.07.2016

Micro business gets roadblocks removed after a year of trying

National Police procedural abuse Kyiv region

Subjects of Complaint: National Police and Prosecutor’s office in Brovary and Boryspil , Village Head of Velyka Dymerka, State enforcement officer of Kyiv Oblast Department of Justice
Complaint in Brief: In November 2015, the BOC received a second complaint from a sole entrepreneur (FOP in Ukrainian) (the first complaint the BOC received in June 2015). The Complainant claimed that the mayor of Velyka Dymerka, a village in Brovary County, Kyiv Oblast, had issued orders to restrict traffic in the area where the Complainant’s shop was located by setting up concrete blocks in the roadway. This prevented free access to the Complainant’s premises and affected business. The Complainant challenged the decision in the local court, unsuccessfully at first. After a series of court hearings, the claim finally seemed to be satisfied and the concrete blocks were removed. Next, however, the village council installed metal gates. The Complainant declared that her rights had not been restored yet. The criminal proceeding initiated against the village head was conducted by the local law enforcement agencies ineffectively.
Action taken: BOC investigator attended court hearing and the Council raised the case before the Expert Group of the Ministry of Justice With the help of the Council, the Kyiv Oblast Prosecutor’s Office moved this investigation from the Brovary Police to the Boryspil Police. In early 2016, the evidence related to the complaint was presented to the Chief of the National Police.
In February 2016, the Council issued recommendations to the Prosecutor and the Chief of Police of Kyiv Oblast to start an official investigation of non-effective work of the local law enforcement bodies. As a result, the Brovary Prosecutor was subject to disciplinary sanction. The Council also shared this story with media outlets.
Result achieved: After a year of effort on the part of the Complainant, the situation was finally resolved and she was able to return to normal business operations. The BOC received a thank-you letter from the Complainant and prepared to close the case.
 

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