Tanks to the Moscow Business Ombudsman, the entrepreneur was returned the seized property.
Thanks to the intervention in the case of the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region Vladimir Golovnev, the seized property was returned to the commercial organization.
At the end of 2022, the CEO of a limited liability company engaged in wholesale trade of construction materials and leasing of construction equipment appealed to the Moscow Business Ombudsman with a complaint about the actions of law enforcement agencies.
From the documents submitted by the entrepreneur, it followed that in September 2022, the Company under the contract leased 2 excavators, which were seized by the police as part of a pre-investigation check and placed in a specialized parking lot.
Having studied the applicant's arguments, the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region sent a request to the Moscow regional Prosecutor's office. It turned out that the equipment was seized during an inspection conducted on the fact of illegal sand mining without a license. After the criminal case was initiated, the excavators were recognized as material evidence and placed in the parking lot.
According to the results of the prosecutor's inspection, on the facts of the revealed violations of the criminal procedure legislation committed during the investigation of the criminal case, a demand was made to the police, including an indication of the need to transfer technical means to their owner for safekeeping.
Currently, the excavators have been returned to the entrepreneur.