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.
Category: Criminal Law
Service: Legal assistance in criminal proceedings
Region: Kyiv region, Bucha city
Initial Situation
A client contacted the lawyer after becoming a victim of fraud. A crime report was filed with the Bucha District Police Department. However, once the pre-trial investigation began, it became clear that the assigned investigator failed to carry out proper procedural actions: no witness interviews were conducted, no expert examinations were initiated, and the obligation to inform the victim about the progress of the case was ignored — effectively sabotaging the investigation.
The investigator's behavior indicated serious violations of the norms of the Criminal Procedure Code of Ukraine, putting not only the effectiveness of the investigation at risk but also jeopardizing the restoration of justice.
Defense Actions
The lawyer representing the victim conducted a thorough legal analysis of the situation and identified numerous signs of the investigator’s inaction, including:
- Failure to comply with Article 214 of the CPC of Ukraine regarding proper registration of information in the Unified Register of Pre-trial Investigations (URPI);
- Lack of proper communication with the victim;
- Failure to conduct investigative (search) actions for an extended period;
- Unjustified delays in the process without adequate explanation.
Based on the collected evidence, an official appeal was submitted to the procedural supervisor — the prosecutor — demanding that the negligent investigator be removed from the case due to his inaction and violations of professional standards.
Result
The prosecutor, having reviewed the arguments presented by the victim’s legal representative, agreed with the lawyer’s position. As a result:
✅ The appeal was granted — the investigator was removed from the case.
✅ A new investigator was appointed, who immediately began active investigative actions.
✅ The case was effectively unblocked, allowing the investigation to continue in the victim’s interest.
Moreover, the newly appointed investigator conducted a number of procedural actions that had long been ignored by the previous investigator. Key witnesses were interviewed, additional documents were requested, and necessary expert evaluations were ordered. For the first time in several months, the victim received confirmation that the case was not being "buried" but was actually being investigated.
This case also became a precedent for other victims who often lose hope of influencing ineffective investigations. Legal defense in such situations is not just about paperwork — it is about a principled fight for justice that can change the system from within.
Case Significance and Impact
This case holds precedent-setting value in Ukrainian legal practice:
- Procedural justice was restored — the client received a real chance for the crime to be properly investigated.
- Law enforcement accountability was reinforced — the investigator’s removal due to inaction shows that investigators cannot neglect their duties.
- The importance of legal support was confirmed — only with the help of a qualified lawyer was it possible to change the course of the case.
This case involving the removal of an investigator in a fraud case clearly proves: legal inertia of law enforcement is not a verdict if an experienced lawyer is involved. Legal persistence and a professional strategy allowed the defense to influence the course of the pre-trial investigation and protect the victim’s legal rights. It once again confirms that high-quality legal assistance can change outcomes even in complex cases.
