Publication date: 15.07.2025
Yatsymirskyi Yevhen Volodymyrovych is an attorney, specializing in a wide range of legal matters. He has significant experience in family law, providing assistance in divorce and property division cases. In addition, Yevhen Volodymyrovych actively practices criminal law, defending accused individuals. Within his litigation practice, he handles commercial disputes and contractual disputes involving individuals. His expertise also extends to international law, particularly human rights issues, as well as pension and social security, where he advises on pension allocation and calculation.
Input Data:
In May 2025, lawyer Yevhen Yatsiemirskyi, acting in accordance with principles of legal ethics and in the best interests of his client, encountered unacceptable inaction on the part of the Darnytskyi Specialized Prosecutor's Office in the Sphere of Defense of the Central Region. The essence of the problem lay in a fundamental violation of the right to access to justice and effective investigation of potential criminal offenses.
Specifically, on May 08, 2025, lawyer Yatsiemirskyi E.V. submitted a substantiated application to the aforementioned prosecutor's office regarding the possible commission of serious criminal offenses (stipulated by Articles 126, 146, 186, 358, 397, 426-1 of the Criminal Code of Ukraine) by officials of the TCC and SP. According to the imperative requirements of Article 214 of the Criminal Procedure Code of Ukraine (CPC of Ukraine), information based on such an application must be immediately, but no later than 24 hours from its receipt, entered into the Unified Register of Pre-trial Investigations (ERDR). This is the first and most crucial step towards initiating any criminal proceeding, ensuring the official recording of the crime and providing an opportunity for further evidence collection and bringing perpetrators to justice.
However, contrary to this direct norm of law, which is fundamental to criminal procedure in Ukraine, the Darnytskyi Specialized Prosecutor's Office in the Sphere of Defense of the Central Region ignored its direct duty. The lawyer's application was left without proper registration in the ERDR. This inaction led to the effective blocking of the pre-trial investigation at its very beginning. For the client, this meant not only a delay in the process, but also the potential loss of important evidence, the possibility of the statute of limitations expiring for certain crimes, and most importantly – a violation of their constitutional right to access to justice and an effective investigation of a potential crime, which undermined trust in the entire law enforcement system.
Problem:
The key violation committed by the authorized officials of the Darnytskyi Specialized Prosecutor's Office was their blatant inaction, which directly contradicted the categorical requirements of Article 214 of the CPC of Ukraine. Specifically, Part 1 of Article 214 of the CPC of Ukraine (immediate entry of information into the ERDR) and Part 4 of Article 214 of the CPC of Ukraine (prohibition of any refusal to accept and register applications) were violated. The inaction of the prosecutor's office in this specific case created an extremely serious and dangerous precedent, undermining the principle of the rule of law and citizens' trust in the law enforcement system.
Desired Outcome:
To compel the prosecutor's office to fulfill its duties regarding the entry of information into the ERDR and the initiation of a pre-trial investigation, restoring the client's violated rights to access to justice.
Responsible Lawyer:
Yevhen Volodymyrovych Yatsiemirskyi — lawyer specializing in protecting citizens' rights in criminal proceedings and appealing the inaction of law enforcement agencies, with deep knowledge of the CPC of Ukraine.
Solution:
Faced with such blatant inaction, lawyer Yevhen Volodymyrovych Yatsiemirskyi developed a clear and balanced legal strategy aimed at compelling the prosecutor's office to strictly fulfill its duties. The main weapon in this confrontation was the use of the mechanism of judicial control over pre-trial investigations. The complaint was filed with the investigating judge of the Darnytskyi District Court of Kyiv.
- Preparation and submission of the complaint.
The lawyer immediately, after the expiration of the 24-hour period and the absence of a response from the prosecutor's office, began preparing a complaint about inaction. This complaint thoroughly, with reference to specific norms of Article 214 of the CPC of Ukraine and relevant judicial practice, substantiated the illegality of the prosecutor's actions. All necessary evidence of its submission was attached to the complaint. - Use of judicial control mechanisms.
The complaint was filed with the investigating judge of the Darnytskyi District Court of Kyiv, who, according to the CPC of Ukraine, has the authority to exercise judicial control over the observance of rights and freedoms of persons in criminal proceedings. - Control over the complaint review process.
Even in the absence of the physical presence of the complainant, their representative, and the prosecutor at the court hearing, the investigating judge considered the complaint based on the materials provided, which was made possible by the thoroughness and persuasiveness of the documents and arguments prepared by the lawyer.
Result: On June 5, 2025, the Darnytskyi District Court of Kyiv fully satisfied the lawyer's complaint. The court ordered the prosecutor's office to immediately enter the information from the application dated 08.05.2025 into the ERDR, provide an extract from the ERDR, and immediately initiate a pre-trial investigation in accordance with Article 214 of the CPC of Ukraine. The ruling is not subject to appeal.
This decision is an absolute victory for the client and an extremely important precedent in protecting the rights of citizens of Ukraine. It clearly confirms the crucial and irreplaceable role of judicial control over the activities of pre-trial investigation bodies and the prosecutor's office. Thanks to the professional, targeted, and persistent work of lawyer Yevhen Volodymyrovych Yatsiemirskyi, the client received not only formal satisfaction of their complaint but also the main guarantee – their application regarding a criminal offense will be properly registered and a full-fledged investigation will begin. This is a fundamental right of every person in a legal state. This successful case is a vivid example of ensuring the accountability of state bodies, restoring trust in justice, and implementing the principle of the rule of law in practice.
