The Moscow Business Ombudsman helped to cancel the unjustified refusal to initiate criminal proceedings.
The participation of the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region allowed a businessman to defend his case and protect his business reputation.
The Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region Vladimir Golovnev received an appeal from the founder of a company from the Podolsk city district engaged in the repair of clothing and textiles. In his appeal, the applicant pointed to the inaction of the inquiries and the unjustified refusal to initiate criminal proceedings.
In January 2020, the investigative department of the local Department of Internal Affairs opened a criminal case on the fact of creating a fictitious debt of one company to another and submitting forged documents to the regional Arbitration court declaring the company bankrupt. The victim turned to the police with a statement about the commission of deliberate bankruptcy and obstruction of justice.
Based on the results of the inspection carried out by the police, a decision was made to refuse to initiate a criminal case on the basis of paragraph 2. Part 1. of Article 24 of the Criminal Procedure Code of the Russian Federation (absence of corpus delicti in the act).
For the protection of his rights and legitimate interests, the entrepreneur turned to Vladimir Golovnev, the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region.
The Business Ombudsman initiated a prosecutor's check, according to the results of which the refusal to initiate a criminal case was declared illegal and canceled, an additional procedural check was initiated.
In order to eliminate violations of criminal procedure legislation, when considering a report of a crime, the supervising prosecutor took response measures, raised the issue of bringing guilty officials to disciplinary responsibility.