An individual entrepreneur turned to the Moscow Region Business Ombudsman Vladimir Golovnev to protect his rights.

His appeal contained a complaint about the improper conduct of a pre-investigation check and, in his opinion, the unjustified refusal of law enforcement agencies to initiate criminal proceedings.

Earlier, the entrepreneur appealed to law enforcement agencies with a statement about the arbitrary actions of another businessman, expressed in the illegal retention of equipment belonging to the first.

The applicant indicated in his appeal that during the procedural checks, the police actually did nothing and decided not to initiate criminal proceedings on the basis of paragraph 2.part 1 of Article 24 of the Code of Criminal Procedure of the Russian Federation (absence of corpus delicti).

Having studied the case materials, the Commissioner sent an appeal to the Prosecutor's Office of the Moscow Region for further consideration and response measures.

According to the results of an internal audit, violations of criminal procedure legislation were revealed in the actions of police department employees, and the head of the Ministry of Internal Affairs of Russia Shchelkovskoye was ordered with an idea of their elimination.

The decision to refuse to initiate criminal proceedings was found to be unfounded and canceled, the materials were returned to the Ministry of Internal Affairs of Russia Shchelkovskoye for additional verification.

The issue is under the control of the Commissioner for the Protection of the Rights of Entrepreneurs.