First audit results: the state stops persecuting legal business
8 July 17:39
A large-scale inventory of criminal cases against entrepreneurs in Ukraine is reaching a new level. After completing the quantitative audit, the law enforcement system has begun a qualitative analysis, and the first results of this work reveal important statistics for the business community, Prosecutor General Ruslan Kravchenko wrote on his official Facebook page, "Komersant Ukrainian" reports.
He reminded that the total number of criminal proceedings directly or indirectly related to business entities is more than 20 thousand. This is several times higher than the data previously reported in open registers.
However, the formal existence of cases does not always mean that the investigation is actually active. That is why the key stage of the reform was to assess the quality of these proceedings.
According to the Prosecutor General of Ukraine, 3756 criminal proceedings have already been closed. These are the cases that had remained stagnant for years, did not contain objective evidence, and most importantly, had no real judicial prospects. Formally, these proceedings had a legal basis, but the lack of active investigative actions and evidence made them a source of risk and pressure on business, rather than an instrument of justice.
The decision to close these cases was made in accordance with Article 284 of the Criminal Procedure Code of Ukraine, which allows for the suspension of an investigation in the absence of a crime or offense.
Along with the closure of unpromising cases, the necessary examinations have already been ordered in more than 4,700 criminal proceedingsto determine the further fate of these cases. If the evidence confirms the suspicions, the cases will be brought to court. If not, decisions will be made to close them.
As of today, 120 proceedings have already been referred to court, which indicates that pre-trial investigations are being intensified only in cases where there is a genuine basis for prosecution.
For business, this is a signal for change. After all, its representatives have traditionally complained about the use of criminal prosecution as a tool of pressure. The lack of procedural progress in many proceedings created an atmosphere of legal uncertainty, blocked investments and encouraged “cautious behavior” even among honest companies.
Public recognition of the existence of such proceedings and their systematic closure is an important step towards real business protection. In the context of the war and the need to restore the economy, the government is trying to refocus its attention on fighting the shadow economy rather than legal taxpayers.
More than 20 thousand proceedings against entrepreneurs are being checked in Ukraine: how the state will proceed
Ukraine has completed a quantitative audit of criminal proceedings directly or indirectly related to business.
The dashboard data shows 6249 cases. But the audit showed that the real figure is more than 20 thousand proceedings. And all these cases are subject to verification. What will happen to them depends on objective conclusions and strict adherence to the procedure.
It is expected that all cases will be verified. And for each of them there will be only one of three scenarios.
Scenario 1. Closure of proceedings that have been “hanging in the air” for years. If there is no objective evidence of a crime, if the case has not been investigated or the collected materials do not stand up to criticism, the proceedings should be closed under Article 284 of the CPC of Ukraine. Within a reasonable time and without unnecessary manipulation and red tape.
Scenario #2. Full investigation of questionable cases. For those proceedings that still lack evidence, expert examinations will be appointed. They should answer the question of whether there were violations or not. And if the result of the examination does not confirm the charges, the case will be closed. If it does, there will be an indictment and a trial.
At the same time, Prosecutor General Ruslan Kravchenko promises to stop law enforcement “raids” on businesses – the same unreasonable searches that have paralyzed companies for years. Businesses should finally receive protection from arbitrariness, not additional pressure.
Legitimate businesses will be free from undue pressure and interference in their business activities. Numerous unreasonable searches, summonses for interrogations to allegedly establish circumstances that have already been established will be stopped,” Kravchenko wrote.
Instead, the Prosecutor General advised businesses to establish communication with law enforcement agencies.
“They also appeal to business – keep open communication with law enforcement agencies. Provide your evidence, which will certainly be taken into account,” he emphasized.
Read also: Businesses will have additional protection during criminal proceedings
Scenario 3. Submission of cases with clear evidence to the court. Cases in which sufficient evidence has already been collected, examinations have been conducted, and persons have been notified of suspicion will be brought to court. There will be no delays or sabotage.
According to Ruslan Kravchenko, distrust of examinations is not an obstacle. The competitiveness of the parties in criminal proceedings is guaranteed. But it is important to remember that expertise is not the only and exclusive basis for decisions. The entire body of evidence plays a role.
All inspections must be conducted in compliance with the principles of openness, legality, and equal treatment of all business participants.
I am all for a transparent and open mechanism of work. And for me, there is no one more equal than others,” the Prosecutor General emphasized.
He also emphasized that the planned reform should not only relieve the law enforcement system, but also increase the confidence of entrepreneurs in government institutions. This is an important signal for Ukrainian business: legal companies should operate in a secure environment, without excessive pressure and obstacles.
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