Olesia Bilozor
Managing partner, attorney

RECEIPT OF AN UNLAWFUL BENEFIT BY AN OFFICIAL

SITUATION

An official of the local government was exposed while obtaining an unlawful benefit for issuing a document in favor of a third party, certifying the necessary legal facts. The process of obtaining unlawful benefit was recorded by covert investigative activities, the official was reported on suspicion of committing a criminal offense, and subsequently the indictment was sent to the court.

DECISION

When examining the written evidence provided by the prosecution, the attorney proved that the covert investigative activities were carried out in contradiction to the requirements of the criminal procedure legislation of Ukraine on the basis of an unlawful decision of the prosecutor who supervised the pre-trial investigation. Due to the unlawfulness of the covert investigative activities, all evidence obtained in the course of such investigative actions was declared inadmissible.

RESULT

The lawyer’s legal position became the basis for refuting the official’s accusation.