Investigators, prosecutors and lawyers are asking the question: will law enforcement officers have time to register pre-trial investigation bodies as legal entities by March 15, 2018? And where to apply for the application of measures to ensure criminal proceedings after 03/15/2018?
We are talking about the "March" changes in Part 2 of Article 132 of the Criminal Procedure Code of Ukraine. In the new wording, it will read as follows: "A request for the application of measures to ensure criminal proceedings on the basis of a decision of the investigating judge shall be submitted to the local court within whose territorial jurisdiction the (registered) pre-trial investigation body is located.
I wonder what idea the legislator put in such changes? Encourage law enforcement to streamline the structure? To bring Ukraine back to the top of the countries in terms of the number of lawsuits before the European Court of Human Rights? Should the judicial system be tested for strength?
Are law enforcement agencies legal entities?
Today, for example, territorial divisions of the national police are not registered as legal entities. You can see for yourself, just "punch" any territorial police department in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations. Only the main departments in the regions are registered as legal entities in the Register.
Registration of the pre-trial investigation body as a legal entity
Article 15 of the Law of Ukraine “On the National Police” defines territorial police bodies as legal entities under public law in the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol, districts, cities, districts in cities and as interregional. However, the police leadership failed to carry out organizational work on local registration.
There are reasonable grounds to believe that the situation will not change. Investigators were supposed to announce the transfer of the newly created legal entity to the staff for at least two months, but so far no one has done so.
If the situation does not change
If the situation does not change, then, for example, one of the busiest in the country Shevchenkivsky District Court of Kyiv will be the place of reception (and consideration?) Of petitions of investigators of the National Police of the entire Kyiv region. It is due to the fact that in the Shevchenkivskyi district of Kyiv the Main Directorate of the National Police in the Kyiv region is registered as a legal entity.
Add to this the rule of audio-video recording, and we get a new type of court - a court blocked by law.
But the investigators are not the only ones. Lawyers also often request temporary access to belongings and documents or a search. I wonder how long the court will consider such a petition, and whether it will make sense at all if a few months pass after filing.
It is likely that from March 15, 2018, lawyers will be able to more effectively protect clients when choosing a measure of restraint in court. Just go to the register of legal entities in court and check which investigator of the pre-trial investigation body filed the petition and whether the pre-trial investigation body is registered as a legal entity. If not, the investigator most likely violated the rules of jurisdiction and the court will deny his request.
Most likely, the legislator will not cancel the change. Therefore, somewhere closer to 5 pm on March 14, 2018, law enforcement officers will once again demonstrate all their persistence and block registrars in their offices. Or deputies in the Verkhovna Rada. In any case, someone must be blocked. After all, law enforcement officers will not be able to sit in silence and watch the judicial system collapse.
Do you think that the territorial bodies of pre-trial investigation will register by March 15, 2018?
The blog is published on the site League. Blogs
