Skip to main content

A unique case: 5 million UAH as a moral compensation from the state budget of Ukraine

Everybody has already heard about this information bomb in the Ukrainian legislation. For the first time in history a client of mine managed to prove the omission of the Odessa region prosecution for the 12 years long and achieve a positive decision of the court, which goes as: to recover in favour of Katerina Kartashova compensation for moral harm  in amount of 5 000 000 UAH(5 million UAH!) and 74 850 as the expenses coverage for the account of the state budget.

I’d rather omit the emotions hidden rocks and unreal outburst as for this decision in the prosecution office. Further on I’ll provide some facts, figures as well as a judicial peculiarities of this event going back to the year 2006.

For 5 times during 2006 Katerina has been refused in the initiation of a criminal case due to the absence of the event of crime in the territory of Ukraine.

In 2011 the complaint was submitted to the Prymorsky district court in Odessa city in respond to one more prosecution order as for the refusal in initiating the criminal case of 04.12.2006.

While considering the case, I find out about the existence of another Prosecution order as for the refusal in initiating the criminal case of 28.09.2009.

By the Order, Prymorsky district court of Odessa city of 14.04.2011 satisfies the complaint in full and gives detailed instructions for the Odessa region prosecution what to do.

Further on, 2011-2013 – no actions taken at all, just handing over of the case materials from district to city prosecutions and useless correspondence.

In 2013 a complaint was submitted to the Prymorsky district court in Odessa city in accordance with the article 303 of Criminal procedure code of Ukraine, this time dealing with the omission of prosecution.

In proses the prosecution produces the Order of the refusal in initiating the criminal case of 17.08.12, nothing to be heard about before. The first public authority – and a refusal.

In April 2013 another complaint was submitted to the Prymorsky district court of Odessa city with the request to rescind the Order of 2012. By its Order the Prymorsky district court of Odessa city satisfies the complaint, the order is rescinded.

Another correspondence between the Prosecution office and Kartashova about handing over the case.

In March 2016 the complaint was submitted to the Prymorsky district court of Odessa city dealing with the prosecution omission. First public authority- refusal. Appellation – the complaint is partially satisfied and handed over into the court of first instance for it to take a decision.

The complaint of 06.06.2016 dealing with the omission of the Prymorsky district court of Odessa city was satisfied.

And eventually, only in July 2017 it was registered a criminal proceeding by the application of Katerina Kartashova!

Further on, the lost case in the court of first instance dealing with the recovery of moral harm and the Appellation everybody now knows about.

I should say, it’s just a top of the iceberg. And only the time will show when and how much money my client will be able to really gain from the government.

But it should be given credit to Katerina for her strength, faith, persistence and patience during all these years, it’s for the first time in my practice when I come across such a person.

To be continued…

 

Leave a Reply

Your email address will not be published. Required fields are marked *