Appealing against a decision on refusal to initiate a criminal case

There are situations when you initiated the initiation of a criminal case, and in response received a refusal from law enforcement agencies. However, if you consider such a decision to be unreasonable, you can appeal it. Let's take a closer look at how to protect your rights in this case.

How to appeal against a refusal to initiate a criminal case in Ukraine: an algorithm of actions

To begin with, we recommend that you carefully read the document. Particular attention should be paid to the grounds for refusing to open production. Perhaps they are legitimate? So, the decision of the investigator or the prosecutor consists of three parts:

  • introductory (place, time, data of the person who issued it);
  • motivational (the essence of the circumstances, the reasons for the adoption of the document, references to legislative norms);
  • operative (the essence of the decision made, the timing of its implementation, the procedure for appealing).

If you nevertheless believe that the refusal to initiate a criminal case was received unfairly, according to the provisions of the Criminal Procedure Code, you can appeal against it by initiating legal proceedings. For this purpose, they write a complaint on behalf of the person whom the decision concerns.

It can be submitted in person or through a representative to the court at the location of the body or work of the official who issued the order. There is no need to pay a court fee for filing such a document.

However, it should be borne in mind that filing a complaint does not suspend the order. In this case, the authorized person who made such a decision has the right to cancel it on his own, as a result of which the proceedings on this case are terminated.

What is the term for appealing against the decision to refuse to initiate a criminal case?

In accordance with the norms of the criminal procedure legislation, the time limits for appealing against the decision to refuse to initiate a criminal case are very limited. So, you can file a complaint against a decision, action or inaction of an investigator or prosecutor within 10 days from the date of such a decision, commission or non-performance of the action.

If the decision is made in the form of a resolution, the term for its appeal begins from the moment a copy of such a document is received.

In this case, the court may return the complaint in the following cases:

  • it was filed by a person who did not have the right to do so;
  • the complaint is not subject to consideration in this court;
  • the document was submitted after the expiration of the period established by law.

However, if there are good reasons for missing the deadline for appealing the decision, it can be reinstated. To do this, you should indicate in the application the relevant request and justify it, supporting it with convincing evidence.

A copy of the refund ruling is sent to the applicant along with the documents submitted with the complaint. It can also be appealed on appeal.

Make the application correctly

Application to the court must comply with the general rules for drawing up procedural documentation. When writing it, we recommend that you adhere to the following recommendations:

  • avoid spelling errors and corrections;
  • briefly outline the essence of the circumstances, do not paint them on several A4 sheets;
  • do not repeat the original complaint in full, it is better to attach a copy of it;
  • not to mention in the application circumstances that are not related to the topic;
  • clearly state why, in your opinion, the decision made is unlawful and what rights it violates;
  • if possible, it is advisable to be sent to the relevant legislative norms;
  • all your claims need to be argued and supported by evidence;
  • do not forget to include your contact information so that you can be easily contacted if necessary.

Remember, it is important to be able to protect your rights! Lawyers of the SA "Absolute" are ready to help you with this. We provide services in Kiev, Dnipro and other cities of Ukraine. We have competent specialists and always reasonable prices!

Почему сотрудничество с нашей компанией — правильное решение ?
Absolute одна из ведущих компаний Юго-Восточного региона Украины с более чем 10-летним опытом.
В каких сферах наша компания предоставляет юридические услуги ?
Работаем в сфере хозяйственного, корпоративного, инвестиционного, налогового,уголовного, таможенного, антимонопольного, административного и международного права.
Какие компании находятся в списке наших партеров ?
В списке партнеров такие компании: OTP банк; ПУМБ; UESF; ЮЖМАШ; Nemiroff.
Какой залог успешной работы в юридической сфере ?
Залог успешной работы: Высокий профессионализм; Персональный подход; Полная конфиденциальность; Работа на результат.