Complainee: Investigation department of the Lichakivskiy Police Department of the Main Department of the National Police in Lviv region (Lichakivskiy Police Department)
Complaint in brief: The Council received a complaint from the private entrepreneur from Lviv who sells electronic devices. The entrepreneur complained that the Lichakivskiy Police Department did not return his property seized during the search.
The matter was that in the course of the investigation of the criminal proceeding concerning the entrepreneur, the police conducted a search of his work premises. As a result, the police investigator temporarily seized 705 devices. Among them were Smart TV devices, mobile phones and a personal laptop of the entrepreneur. The work of the complainant was almost suspended. Firstly, the entrepreneur himself appealed to the police demanding to return his property back. But he did not receive any reply. According to the court decision, the police investigator was obliged to return the seized devices. This had to move the process forward. However, the inactivity of the police forced the entrepreneur to ask the Business Ombudsman Council to consider his complaint.
Actions taken: Having examined the case file, the investigator of the Council acknowledged that the complaint was reasonable. The Council recommended the law enforcement bodies to ensure the full compliance with the court’s decision. As a result, the investigator partially returned the seized property to the complainant (659 out of 705 devices). The controlling authority continued to delay the pre-trial investigation. Therefore, the Council decided to raise the issue of the complainant at the meeting of the expert group with participation of the Prosecutor General’s Office of Ukraine.
Results achieved: The Lichakivskiy Police Department upheld the recommendations of the Council and satisfied the complaint of the entrepreneur. The next day the complainant informed the Council’s investigator that he received the rest of his property. The case was successfully closed.
19.06.2020