The Deputy Prosecutor General illegally brought criminal case - a judgment

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The Pechersky district court of Kiev the decision established the fact of groundless excitement by the deputy general prosecutor of Ukraine Renat KUZMIN of criminal case.

About it there is a speech in copies of judicial documents which the UNIAN has.

In particular, in the separate resolution of Pechersky district court of Kiev of 17.07.2009, it is a question of the taken-out R. KUZMINYM in March, 2009 the resolution on initiation of legal proceedings concerning the deputy director of JSC Istoriya goroda, S.'s lawyer for signs of the crime provided by part of the second article 205 of the Criminal code of Ukraine (fictitious business).

Feature of this business is that it concerns the big land plot (more than 1 hectare) in the Pechersky district of Kiev which else in 2007 according to Kiyevsovet's decision was sold to JSC Istoriya goroda more than for 30 million UAH

Considering according to S.'s complaint the specified resolution, the court established that materials on the basis of which R. KUZMIN brought criminal case, don't contain the sufficient data indicating existence in actions of S. of signs of the specified crime. The court also came to a conclusion that the resolution on initiation of legal proceedings doesn't meet the requirements of articles 94, 97, 98 Criminally - the procedural code of Ukraine.

In the separate resolution the court noted that criminally - the procedural legislation allows initiation of legal proceedings only in cases when there are the sufficient data indicating existence of signs of a crime. The contents of this resolution don't display a form of the objective party of the committed S. of a crime, and the materials provided to court which were the basis for initiation of legal proceedings, didn't contain the data indicating existence of signs of this crime that in essence point to a lack of motivation of the resolution on initiation of legal proceedings and the actual groundlessness of its removal.

"Stated can testify to haste of adoption of the resolution, and its removal is caused only by will of the subject of initiation of legal proceedings", - is noted in the separate resolution.

The general prosecutor is also informed on the revealed shortcomings at initiation of legal proceedings.

28.08.2009 board of judges of Appellate court of Kiev, having considered appeals of the prosecutor on the resolution of Pechersky district court, I decided to leave them without satisfaction. At the same time, the resolution of Pechersky court of 17.07.2009 with which S.'s complaint was satisfied and is cancelled the resolution of the deputy public prosecutor on excitement concerning it criminal case, and the separate resolution of the Pechersky court which has been taken out to the general prosecutor, to leave without changes.

As reported the UNIAN, on March 15, 2007. The Kiev city council made the decision on allocation of the land plot of 1,23 open companies "City history" in rent for 5 years under future Museum of history of Kiev.

At plenary session of session on April 26, 2007 Kiyevsovet sold JSC Istoriya goroda the land on Institutskaya St., 3, leased in March to this society. The land plot of 1,23 hectares to the specified address is sold for 30 million 807 thousand UAH. In the decision it is noted that sale is carried out for reconstruction, construction, operation and service of the Museum of history of Kiev in structure is administrative - hotel complex with rooms of public and trade appointment and parkings.


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