Interlegal appealed against unlawful actions of pretrial investigation bodies

Interlegal client had a question concerning lawfulness of actions committed by officers of the Ukrainian company which ordered bunker supply on board of the vessel and undertook to pay for supply services.

After performance of the agreement by the Client, the Ukrainian company, without explaining the reasons, refused to pay for bunker supply. The Client believes that actions of the resident company’s officers contained the elements of criminal offense which resulted in causing damage in especially large amount; therefore the Client filed the relevant application to the law enforcement bodies.

But pretrial investigation bodies rejected registration of criminal proceedings on the grounds that the commercial dispute arose between the Client and the Ukrainian company.

Interlegal experts filed a claim to the court against omission of law enforcement officers. Arguments upon the elements of criminal offense in actions committed by the resident company’s officers were accepted and the court forced the pretrial investigation bodies to register criminal proceedings.

Interlegal lawyer, attorney Vitalii Tolstik led the case.