Only after the intervention of the Business Ombudsman the investigation of the criminal case was resumed .
In April last year, a car belonging to a Moscow Region recreation center burned down, and traces of arson were found at the site of the fire.
With these clues, the company's management turned to law enforcement agencies. It took three months to get a criminal case initiated on the fact that unidentified persons caused damage to the property of the organization. Reluctantly, in July, the Ministry of Internal Affairs of Russia "Pushkinskoe" opened a criminal case on the grounds of a crime under Part 2 of Article 167 of the Criminal Code of the Russian Federation (Intentional destruction or damage to property by arson or other generally dangerous method).
At the same time, according to the entrepreneur, no investigative actions and operational search measures were carried out during the procedural inspection and investigation of the criminal case by the police. Thus, the inaction of law enforcement agencies for a long period of time could lead to the loss of evidence of the crime committed and the departure guilty persons off the responsibility provided by law.
The management of the recreation center turned to the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region, Vladimir Golovnev, for assistance in forcing the police to perform their official duties and protect their rights.
At the request of the Business Ombudsman, the Moscow Region Prosecutor's Office conducted an audit, following which the police decision to suspend the investigation of a criminal case on the basis of paragraph 1 of Part 1 of Article 208 of the Criminal Procedure Code of the Russian Federation (for failure to identify the person to be brought as an accused) was canceled. The investigation of the criminal case has resumed.
Currently, the entrepreneur has been recognized as a victim, investigative and operational search measures are being carried out aimed at establishing the circumstances to be proved, in accordance with the requirements of Article 73 of the Criminal Procedure Code of the Russian Federation.
In addition, in connection with violations of the requirements of criminal procedure legislation, including delay of deadlines, the chief of the investigation department of the Ministry of Internal Affairs of Russia "Pushkinskoe" submitted a submission to the Pushkin City Prosecutor's Office, which was reviewed and satisfied. The investigator has been brought to disciplinary responsibility.