Publication date: 19.05.2025
Lawyer. Expert in criminal law. Specializes in corruption crimes, bribery, military activities, crimes in the financial sector and crimes against the foundations of national security. Support in the European Court of Human Rights and international wanted issues.
Initial Situation
A woman approached the lawyer after falling victim to fraudulent actions. According to her, an unknown individual deceitfully obtained a large sum of money. The victim had all the necessary evidence at hand: messenger correspondence, bank statements, audio recordings—all clearly indicating a criminal offense.
The client filed a report with the National Police regarding a criminal offense under Article 190 of the Criminal Code of Ukraine (fraud). However, weeks passed with no response from law enforcement. Over the phone, she was informed that “no elements of a crime” were present and that the case would not be registered in the Unified Register of Pre-trial Investigations (URPI). No formal response was provided, which left her with no option to proceed via administrative channels.
For many individuals, the fight ends at this stage. However, the law provides an effective mechanism—filing a complaint to the investigating judge. And professional legal support often becomes the key to justice.
Actions Taken by the Lawyer
The lawyer immediately took the case and:
- Conducted a legal analysis of the evidence collected by the client;
- Drafted a substantiated complaint against the inaction of the investigator under Article 303 of the CPC of Ukraine;
- Collected case law from the Supreme Court to support the legal position;
- Filed the complaint with the Pechersk District Court of Kyiv.
During the court hearing, arguments were presented proving the elements of a crime under Part 1 of Article 190 of the Criminal Code of Ukraine—unlawful possession of someone else's property through deception. The illegality of the refusal to open a criminal proceeding was also substantiated, which constitutes a direct violation of Part 1, Article 214 of the CPC of Ukraine.
Court Decision
The Pechersk District Court of Kyiv fully upheld the complaint. The court ruled that law enforcement authorities must register the information in the Unified Register of Pre-trial Investigations (URPI) and initiate a criminal proceeding.
The investigation is now officially underway, and the lawyer continues to assist the client with procedural matters: drafting motions, participating in interrogations, and ensuring legal oversight of the investigation. This approach guarantees that the case is not “buried” at an early stage.
Why Is This Important?
This case clearly shows that even when the law enforcement system remains silent or indifferent, legal mechanisms exist to compel it to act. Judicial practice proves that filing a complaint with the investigating judge can change the situation and help deliver justice.
Step-by-Step Algorithm in Similar Situations
- File a report with the police or prosecutor’s office—with a clear description of events and evidence.
- Obtain or document the actual refusal to enter the case into the URPI.
- Appeal to the court—within 10 days (under Article 303 of the CPC of Ukraine).
- Court hearing—presentation of evidence and legal arguments.
- Court ruling—obligating the investigator to enter the case into the URPI.
The hesitation of law enforcement is not a reason to give up on protecting your rights. The law is on the side of the applicant—if actions are timely and strategic. A professional lawyer is your partner in defending your interests and achieving a fair outcome even in the most difficult cases.
📌 If you have been a victim of fraud or another crime, do not hesitate—seek legal assistance.
