13737

28.09.2018

PGO returns UAH 1.4 mn of seized cash to a credit union 

Prosecutor’s Office actions: procedural abuse Kyiv

Subject of complaint: Prosecutor General’s Office of Ukraine (PGO) 
Complaint in brief: On July 18, 2018, a credit union appealed to the Council with a complaint about the inactivity of the PGO. The Complainant could not return UAH 1.4 mn. UAH seized by investigators during the search. 
In late February 2018, investigators conducted a search in the Complainant’s office under the criminal proceeding. As a result, UAH 1.4 mn in cash was seized. Then the PGO appealed to the court to arrest the money, the court of first instance arrested it, however the court of appeal dismissed the arrest. Shortly afterwards, the PGO appealed to the court again to impose an arrest, however, the situation repeated itself: the court of first instance imposed the arrest, while the court of appeal dismissed it. 
According to the procedure, law enforcers had to return the money seized from the company. However, law enforcement officers were slow on money return. At this point the Complainant turned to the BOC for help. 
Actions taken: On August 1, the Council’s investigator applied to PGO in writing. He stressed that cancellation of the arrest was the basis for terminating temporary seizure of property and urged the Prosecutor’s Office to return funds to the Complainant. 
Result achieved: The PGO accepted the Council’s arguments and returned the money to the company on August 13. The case was closed successfully. 
 

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