The audit of the OPO showed that every fifth “economic” criminal case is a manifestation of pressure on business: those responsible are not punished
14 May 2024 12:44
Vyacheslav Trunov, lawyer, attorney at law, co-founder of Barristers Law Firm, expert in law and business protection
Talking about “pressure on business”… Frankly speaking, I’ve been tired of hearing the same thing for years. Although the war should have changed the angle of perception of this shame.
Dear friends, we have finally waited! The Prosecutor General’s Office and others (SBU, SBI, police, BES) have audited registered criminal proceedings “in the field of economy” – according to the decision of the National Security and Defence Council, which was put into effect by Presidential Decree No. 21/2024 of 23 January 2024. And only three months have passed..
The results are quite concise, in fact, there are two main figures in – out of 6471 open cases that were initiated against businesses, 1218 were closed during the “audit”.
Apparently, there should be applause at this point – well done, right? It is true, but… I don’t like this “but” myself, but it raises a few questions:
– Out of 6471 open cases, what period is this for? How many searches, seizures of property, bails, suspicions are there in these closed cases?
– Have violated rights been restored, property returned, etc
– Why didn’t the relevant procedural supervisors close these cases in a “working order”, in the exercise of such supervision, without a decision of the National Security and Defence Council?
And this is not even the main thing. First of all, did the prosecutor’s office recognise the gross violation of the rights and unlawful interference of security forces in the activities of at least 1218 entrepreneurs and enterprises? What about the violation of the rights of numerous employees at these enterprises?
There are more and more questions:
– What are the consequences for entrepreneurs, businesses, and their employees of the unlawful interference of law enforcement in 1218 cases?
– Have you met or talked to representatives of these entrepreneurs and businesses at least selectively?
– What legal assessment has been made of the negligence and improper performance of official duties by officials (investigators, prosecutors) in these cases?
– What disciplinary measures have been taken?
– What organisational measures have been taken by the leadership of the PGO to prevent similar cases in the future, to ensure the proper level of organisation and procedural guidance of the pre-trial investigation? In other words, to ensure that the Prosecutor’s Office complies with the Constitution of Ukraine?
1218 closed cases is 19 per cent, i.e. every fifth case! Is this a lot or a little, you may ask? Imagine this percentage of defects in any other important human activity – education, medicine, transport, etc. I am restraining myself from developing this thought, I will leave it to you.
We come to the conclusion that the NSDC decision and the President’s order have not been fulfilled by the prosecutor’s office. The published figures without appropriate assessment and conclusions are nothing more than an imitation of such implementation, and of a low level at that.
By the way, the described “fruitful” work has already been reviewed and evaluated by the President’s Office and representatives of the business community.
Interested? To be continued..
