Investigator’s Unlawful Decree to Close Criminal Proceedings Cancelled in Court

ArtesLex lawyers have successfully defended the interests of a construction and real estate company in the case relating to the cancellation of an unlawful decree of a National Police investigator to close the criminal proceedings, and obliging the pre-trial investigating authorities to resume the pre-trial investigation against the unscrupulous individuals that unlawfully attempted misappropriation of immovables and funds of the Client.

The issue arose when the Client became aware that a former manager and co-founder of the company had alienated, through a number of fraudulent deals, the Client’s immovable assets to another company associated with this unscrupulous individual, and misappropriated the Client’s funds.

The Client had, as a consequence, to apply to the law enforcement authorities to report the criminal misappropriation of the company’s assets. Following the application, the law enforcement authorities duly entered the information into the Unified Registry of the pre-trial investigations and registered the criminal proceedings against the individuals responsible for the violation of the Client’s rights.

At the stage of the pre-trial investigation, however, the investigator of the Shevchenkivskii Police Department of the National Police Headquarters in the city of Kyiv unexpectedly ordered to close the criminal proceedings.

Our experts appealed the investigator’s unlawful decree to close the criminal proceedings in court. After considering the appeal, Shevchenkivskii District court in the city of Kyiv found illegal the investigator’s decree to close the criminal proceedings and cancelled it, and ordered the law enforcement authorities to resume the pre-trial investigation.

Thus, due to engagement of our lawyers, the National Police investigator’s decree to close the criminal proceedings was found illegal and cancelled, and the pre-trial investigation with regard to the offences by the unscrupulous individuals responsible for the violation of the Client’s rights resumed.

15.07.2020