10:38 Thu 23.03.17 | |
The court obliged the PGO to investigate violations committed during the search of advocates from the Kyiv region |
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The PGO authorized person was obliged to include information into the Unified Register of Pre-trial Investigations (URPI) about criminal offenses envisaged by Articles 162, 365, 366, 397 and 399 of the Criminal Code of Ukraine. On 20 March 2017 the investigative judge of the Pechersk District Court of Kyiv allowed the complaint about inactivity of a prosecutor lodged by the UNBA representative in the interests of advocates and for the protection of their professional rights and guarantees. By his ruling, the investigative judge obliged the PGO authorized person to include information to the URPI about a criminal offense on the basis of the UNBA complaint lodged on 31.01.2017 in accordance with Article 214 of the CPC of Ukraine. The above complaint refers to a number of facts and evidence of intentional commission by certain officials of the PGO and the Security Service of Ukraine of illegal actions that had taken place on 28 December 2016 during the searches made in the office premises and households of two advocates from the Kyiv region. The actions of the above officials contain elements of crimes envisaged by Articles 162, 365, 366, 397 and 399 CC. It is interesting that that the investigative judge noted that the duty of the investigator or prosecutor does not require these persons to assess the applications (reports) for the detection of evidence of a crime in order to carry out such a procedural action as inclusion of information about a crime into the URPI. These requirements do not envisage evaluation of reasonableness of the applications or reports, and only envisage a duty of the competent authorities to make a record of submission by a person of information about a criminal offense, which he or she provides consciously for the implementation by the relevant authorities of objectives of criminal proceedings (legal position was set out in paragraphs 1.1. of the Generalized practice on the examination of complaints against decisions, actions or inaction of pre-trial investigation authorities or prosecutors during the preliminary investigation published by the Higher Specialized Court on 23 December 2016). Full text of the court decision can be consulted in Ukrainian in the Ukrainian news. |
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