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Pavlenko & Poberezhnyuk law group represents interests of commercial director of Sport Hotel in the case against minister Pavlenko

15.06.2009

On 15 June in Pechersky district court of Kyiv was heard the case regarding the complaint against the resolution to refuse the criminal case initiation upon infliction of trivial body injuries to commercial director of the Sport Hotel Mr. Yuriy Suprunyuk by the Minister of Ukraine for family, youth and sport Yuriy Pavlenko.

Pechersky district court of Kyiv confirmed the resolution of the General Prosecutor Office of Ukraine dated 15 May 2009 to refuse the criminal case initiation.

On 28 April, 2009 Minister Pavlenko jointly with a working group arrived to the building of State Enterprise Sport Hotel for the purpose of documentation inspection regarding hotel occupation. Having not seen expected results, Minister Pavlenko exceeded his powers and hit commercial director Suprunyuk in the face with a pile of documents. It was fixed by room surveillance cameras of the State Enterprise.

Inspections of the State Enterprise Sport Hotel are being conducted by the Ministry for family, youth and sports since 2006. Thus, only for the past 3 years 27 inspections were conducted by the Ministry for family, youth and sports. In 2008 the charter of the State Enterprise Sport Hotel was illegally withdrawn by the Ministry. In the meantime the new version of the charter, which provided new form of State Enterprise governance, was registered by the Ministry. The new version of the charter was declared illegal by the decision District administrative court of Kyiv and the Court obliged the Ministry to exclude from the enterprise charter illegal amendments modyfied by the Ministry. Until today, the State Enterprise Board of Directors does not have the main constituent document of the enterprise. Thus, the State Enterprise cannot functionate properly. Useless inspections initiated by Ministry are being proceeded even today.

“Pechersk district court has not undertaken actions for all-round and complete consideration of complaint. The Court did not analyze the circumstances specified in the complaint. The Court completely quoted the resolution of the General Prosecutor Office of Ukraine when announcing the judgment. The General Prosecutor Office refuse to initiate the criminal case regarding this incident should be considered illegal and invalid according to the number of regulations of the Criminal-Procedure Code of Ukraine. Moreover, the Court has ignored such substantial proofs as video record of the room surveillance cameras, medical conclusions, protocols of X-ray examinations as well as medical references regarding the health of Mr. Suprunyuk. Pavlenko & Poberezhnyuk, Law group plans to appeal the decision of the Pechersk district court in the superior istances”, said Oleksandra Pavlenko, attorney-at-law, partner with Pavlenko & Poberezhnyuk Law group, the representative of Mr. Suprunyuk before the court.