PGO restored infringed rights of LLC “Reckitt Benckiser Household and Health Care Ukraine”

National Police procedural abuse Kyiv

Subject of complaint: Podil Department of National Police in Kyiv (the “Podil Police Department”); the Main Department of Counter-intelligence Protection of the State Interests in the Sphere of Economic Security of State Security Service of Ukraine (the “MD for Economic Security of the SSU”).
Complaint in brief: On December, 2, 2016, the Complainant, LLC “Reckitt Benckiser Household and Health Care Ukraine”, one of world leaders in household products, medicines and health as well as hygiene facilities, lodged a complaint with the BOC regarding criminal proceeding launched by the Podil Police Department. The Criminal proceeding was launched based on the suspicion that while registering pharmaceutical drugs “Strepsils” with the Ministry of Healthcare of Ukraine the Complainant furnished allegedly false information, thus triggering allegedly illicit decrease of the amount of taxes due to be paid by the Complainant.  Operational support of the criminal proceeding was carried out by the MD for Economic Security of the SSU. The Complainant argued that within the framework of the foregoing criminal proceeding officers of the MD for Economic Security of the SSU carried out actions aimed at achieving full blockage of the Complainant’s business in Ukraine, namely: seizure of the financial documentation in servicing banks; seizure from the state regulatory authority registration materials on “Strepsils” medical product; as well as approaching the Ministry of Economy and Trade with the request to impose sanction against the Complainant comprising prohibition to carry out foreign economic activity, etc.
Actions taken: the Business Ombudsman Algirdas Šemeta personally approached the General Prosecutor of Ukraine Yuriy Lutsenko with the request to address, in his opinion, illegal actions of the Podil Police Department as well as the MD of Economic Security of the SSU
Following the meeting, the General Prosecutor gave instructions to the Public Prosecutor of the City of Kyiv to take immediate measures aimed at protecting the Complainant’s legitimate rights and interests and obliged to promptly report about fulfilment of such measures.
Result achieved: On January 24, 2017, the General Prosecutor of Ukraine informed the Complainant that the Public Prosecutor of the City of Kyiv decided to close the criminal proceeding. The Complainant thanked the Business Ombudsman Council for attention to the case and objective consideration of its merits, emphasizing that the decision to close criminal proceeding was a serious signal that would facilitate restoration of trust at the part of international companies and investors to Ukraine.

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