The General Prosecutor’s Office of Ukraine as well as local prosecutor’s offices have a wide-spread practice of not considering complaints on the merit and redirecting them to a body an activity or a decision of which is challenged by a physical or legal entity. This is a violation of p. 4 Article 7 of the Law of Ukraine “On Appeals from Citizens”, which contains clear prohibition to redirect complaints of citizens for consideration to bodies or officials whose actions or decisions are challenged.
In view of systematic violations of this provision by the General Prosecutor’s Office, in 2008 EPL challenged in Lviv Circuit Administrative Court unlawfulness of redirecting and failure to consider on the merit a complaint from the organization.
The General Prosecutor’s Office failed to consider on the merit actions of the National Agency of Environmental Investments – the central executive authority in the sphere of climate change – actions of which we challenged. In particular, in reply to its complaint EPL got from the General Prosecutor’s Office 2 sentences: “We redirect to you for consideration an appeal of Executive director of International charitable foundation Environment-People-Law about improper consideration of a previous appeal by official of the Agency. Please inform the author of the appeal about results of the inspection and measures undertaken within the timeframe set by law.”
The case description can be downloaded here: (http://epl.org.ua/pravo/uchast-gromadskosti/spravi/bezdijalnist-generalnoji-prokuraturi-u-rozgljadi-skarg-epl-pro-uchast-gromadskosti-u-komentuvanni-proektiv-normativno-pravovikh-aktiv/).
On 9 February 2010, the court of the first instance adopted a Resolution recognizing unlawful omissions of the General Prosecutor’s Office in relation to consideration of the complaint from Environment-People-Law # 89 of 07.05.2009 and obliged the General Prosecutor’s Office to consider the complaint on the merit and inform EPL about results of the consideration. However, the General Prosecutor’s Office filed an appeal to the Lviv Appellate Administrative Court.
It took more than 4 years for the Appellate court to appoint hearing of the case. Finally, on 17 October 2013 the Lviv Appellate Administrative Court made a decision about decline of the appellate complaint of the General Prosecutor’s Office and support of the decision of the first instance.
Thus, both the court of the first instance and the court of appellate instance made the same decision about unlawfulness of redirecting complaints.
The decision of the court of the first instance comes into force since the moment of adoption of the decision of appellate instance and is mandatory for the defendant regardless of his intentions to file a cassation complaint. Therefore, we hope the General Prosecutor’s Office will fulfill the decision of the court of the first instance and will consider EPL’s complaint on the merit.
According to p.1 Article 255 of the Code of Administrative Procedures of Ukraine, a resolution that came into force is mandatory for persons involved into a case, their followers and for all bodies, enterprises, institutions and organizations, officials and other physical entities and is binding on the whole territory of Ukraine.
For further information please contact:
Nataliya Horodetska
EPL lawyer of the 1st category
tel.: (032) 225 – 76-82
