Unlawful decree of the investigating judge has been cancelled

20.11.2018

ArtesLex specialists have successfully represented international organization in the field of policy studies in respect of cancelation of unlawful decree of the investigating judge.

The situation arose from halting of one of the organization’s employee by the group of some unidentified individuals during boarding the plane for the purposes of resistance to his departure. Such persons began to use violence against him, chin, take away his belongings and attempted to arrest him. By this they breached a range of rules of effective legislation governing powers of the law enforcement authorities’ officials. As it became clear later, the officials of the Security Service of Ukraine turned out to be those individuals. Such actions could be actually purposed to bring pressure on the client and to cease the organisation’s public activity under the guise of investigatory actions.

Thus, the client was forced to address to the prosecution service with an application on criminal offence against unlawful actions of the officials of the Security Service of Ukraine guilty of breach of rights of the organization’s employee. Yet, the prosecution service denied, in violation of law, to initiate criminal proceedings and launch pre-trial investigation. Thereafter our lawyers launched judicial appeals against unlawful actions of the prosecution service. As a result of such appeals The Court ruled and declared the actions of the prosecutor unlawful and bound the prosecution service to initiate criminal proceedings and launch pre-trial investigation in relation to the investigating authorities’ officials guilty of breach of rights of the organization’s employee.

However, after short-term investigation, the Military Prosecution has, without telling the client, unexpectedly decreed to close the said criminal proceedings.

Our specialists launched judicial appeals against unlawful decree of the Military Prosecution on closing of the criminal proceedings. Yet, the investigating judge has rejected a case.

Consequently, our lawyers, unwilling to put up with such abuse, launched appeal against unlawful decree of the investigating judge. As a result of such appeals The Court of Appeal ruled and declared the decree of the investigating judge unlawful and cancelled such decree, as well as bound The Court of The First Instance to hear a case upon our claim against the decree of the Military Prosecution on closing of the criminal proceedings.

Later on The Court of The First Instance considered our claim and ruled and declared the decree of the Military Prosecution on closing of the criminal proceedings unlawful, cancelled it, as well as bound the prosecution service to resume pre-trial investigation.

Thus, due to engagement of our lawyers, The Court of Appeal declared the decree of the investigating judge on rejecting a case whereupon The Court of The First Instance declared the decree of the Military Prosecution on closing of the criminal proceedings unlawful, cancelled it, with pre-trial investigation in respect of unlawful actions of the prosecution service’s officials and the agents of the Security Service of Ukraine guilty of breach of rights of the organization and its employees being resumed.