Unlawful Decree of the Investigating Judge has been cancelled

19.03.2019

ArtesLex lawyers have efficiently stood upon the client’s (a private entrepreneur engaged in the business of transportation and recyclable materials trade) rights within the case regarding cancelation of unlawful Decree of the Investigating Judge.

The situation arose from bringing in evidence by the fiscal authorities representative, within one of the court disputes between the client and the fiscal authorities, of the documents which had been intentionally falsified by the fiscal authorities officials aiming to deceive the court.

Hence, the client was forced to address to the prosecution service with an application on criminal offence upon falsification of documents. Yet, he was refused in initiating of criminal proceedings upon his application. Thereafter our specialists launched judicial appeals against denial of the prosecution service to initiate criminal proceedings and launch pre-trial investigation. As a result of such appeals The Court ruled and declared the action of the prosecutor unlawful and bound the prosecution service to initiate criminal proceedings and launch pre-trial investigation in respect of unlawful actions of fiscal authorities officials guilty of breach of the taxpayers’ rights.

Yet, after long-term investigation, the National police investigator has, in contravention of the law, unexpectedly decreed to close the said criminal proceedings.

Thus, our specialists launched judicial appeals against unlawful decree of the National police investigator on closing of the criminal proceedings. Yet, the Investigation Judge has, in violation of laws, dismissed a complaint.

Our lawyer launched judicial appeals against unlawful Decree of the Investigating Judge. As a result of appeals As a result of such appeals The Court of Appeal ruled and declared the Decree of the Investigating Judge and cancelled such Decree.

Thereafter the Investigation Judge of The Court of First Instance considered our application ad rem. The Court ruled and declared the decree of the National police investigator on closing of the criminal proceedings unlawful and cancelled such decree, as well as bound the law-enforcement authorities to resume pre-trial investigation.

Therefore, due to engagement of our lawyers, the decree of the Investigating Judge on dismissing of our complained has been cancelled, whereupon The Court of First Instance ruled and declared the decree of the National police investigator on closing of the criminal proceedings unlawful and cancelled such decree, as well as bound the law-enforcement authorities to resume pre-trial investigation in respect of unlawful actions of the fiscal authorities’ officials guilty of breach of the taxpayers’ rights.