Proceedings against YouControl are finally closed

State Security Service inactivity Kyiv

Subject of complaint: Central Investigation Department of the State Security Service of Ukraine (SBU) 
Complaint in brief: An IT company providing information services turned to the Council. The company complained about SBU procedural abuse. 
In 2016, law enforcers initiated a pre-trial investigation against the company. It was charged with illegal receiving of information and interfering with automated systems operation. Accordingly, the company’s office, the employees’ and their relatives ‘apartments were searched. Computer equipment, documents and monetary funds were seized. The company’s activities were seriously limited. 
In the summer of 2018, the court set a time limit for completing the pre-trial investigation on a case – 2 months. However, at the time of the Complainant’s appeal to the Council, the pre-trial investigation was ongoing. 
Actions taken: The Council recommended the SBU and the Prosecutor General’s Office (PGO) in writing to comply with reasonable time limits of the preliminary investigation, particularly to implement the court ruling. However, the SBU replied the PGO planned to challenge the corresponding court decision. 
Therefore, the Council brought up the Complainant’s issue for consideration of the Expert Group with the SBU and the PGO, where it expressed its position. The investigator stressed the court ruling on completion of the pre-trial investigation was valid and should be complied with. 
Result achieved: The PGO changed the company’s case jurisdiction and handed it over to the National Police, which soon closed the criminal case against the company. The company that tried to complete the pre-trial investigation for two years thanked the Council for assistance and support in resolving the case. 

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