The PGO opened a criminal case due to the seizure of advocates dossier

The Prosecutor General’s Office opened a criminal investigation into the abuse by officials of the National Anti-Corruption Bureau, who used their position against the advocates’ guarantees of professional secrecy. Proceedings were opened on 13 August due to violation of Article 397(2) of the Criminal Code of Ukraine. They concern the seizure of dossier of advocate Sergiy Tarasyuk during the search made by the NABU detectives in his office on 27 July.

The pre-trial investigation is carried out by the Second investigation department of the Directorate of investigation of crimes committed by officials of bodies fighting with crimes, the PGO Main Investigation Department.

“The PGO reaction on this case is not an isolated example. I am convinced that it will be a systemic response to every violation of advocate’s rights”, - said Mr Taras Lamakh, advocate Tarasyuk’s defender and representative of the UNBA committee.

Earlier, the UNBA President Lydia Izovitova requested the Prosecutor General to conduct an official investigation concerning the NABU detective Lypa and the head of the 5th Division of the Special Anti-Corruption Prosecutor’s Office due to the fact that they abused the power, which led to the violation of the advocate’s rights and interests. In fact, the officials had no right to initiate and sign the request for the search of the advocate as under Article 23 of the Law "On the Bar and Practice of Law" this right is given to the Prosecutor General, his deputies and heads of regional prosecutor's offices.

In this letter, the UNBA President also requests the PGO to provide legal assessment of the actions of the investigating judge Makukha from the Solomyanskyy District Court of Kyiv, who authorized the search of advocate Tarasyuk. It was also noticed that this ignorance of the current legislation is not unique.

At present, the documents seized by the detectives during the search and a laptop used in practicing law were returned to advocate Tarasyuk following the ruling of Solomyanskyy District Court of 16 August.