case No. 753/8581/2
proceedings No. 3/753/3879/23
P O S T A N O V A
IN THE NAME OF UKRAINE
On June 16, 2023, the judge of the Darnytsky District Court of Kyiv, O.Yu. Rudyuk, after considering the materials on bringing to administrative responsibility PERSON_1, working as the chairman of the board of the condominium "Bazhana 14", at the address: Kyiv, str. Mykoly Bazhana, 14
according to part 5 of Art. 212-3 of the Criminal Code of Ukraine,
PERSON_1, who works as the chairman of the board of the "Bazhana 14" condominium, on March 20, 2023, in response to the lawyer's request of A.A. Podolsky. provided incomplete information.
Advocate Podolsky A.A. did not appear at the court session, sent a request to the court to consider the case in his absence and written explanations.
In the court session, the representative V.M. Makoviichuk explained that the response to the request was provided in a timely and complete manner.
After examining the case materials, the court came to the conclusion that the guilt of PERSON_1 is fully confirmed by the evidence collected in the case and examined by the court, in particular: the protocol on administrative offense series KS No. 00256 dated May 17, 2023, which states that PERSON_1, who works as the head of the board Condominium "Bazhana 14", on March 20, 2023, in response to the lawyer's request of A.A. Podolskyi. provided incomplete information; at the lawyer's request of the lawyer Podolsky A.A. from March 14, 2023; in response to the request of the condominium "Bazhana 14" dated March 20, 2023, according to which it is incomplete.
In particular, in his request, the lawyer Podolsky A.A. asked: 1) to provide a list of documents accepted/approved by the management bodies of the "Bazhana 14" condominium, which determine the procedure for using common property, including common areas (access to the entrance, use of elevators and barrier); 2). Information on the reasons for the refusal of condominium officials to issue PERSON_4 electronic keys from the entrance door to the entrance and the elevator.
However, as can be seen from the response of the Chairman of the Management Board of the "Bazhana 14" Condominium PERSON_1 dated March 20, 2023, it is incomplete, as it does not contain an answer regarding the procedure for using the elevators, and the grounds for refusing to issue PERSON_4 electronic keys to the entrance doors were not substantiated to the entrance and the elevator or the lawyer's statement about this has been refuted.
In accordance with clause 1 part 1 of Art. 20 of the Law of Ukraine "On Advocacy and Advocacy" – during the practice of advocacy, a lawyer has the right to perform any actions not prohibited by law, the rules of lawyer ethics and the contract on the provision of legal aid, necessary for the proper execution of the contract on the provision of legal aid, in particular : to address legal requests, including regarding obtaining copies of documents, to state authorities, local self-government bodies, their officials and employees, enterprises, institutions, organizations, public associations, as well as to natural persons (with the consent of such natural persons persons).
In accordance with Part 3 of Art. 24 of the Law of Ukraine "On Advocacy and Advocacy" – refusal to provide information at a lawyer's request, untimely or incomplete provision of information, provision of information that does not correspond to reality, entail responsibility established by law, except for cases of refusal to provide information with limited access .
Thus, the court, having examined the materials of the case, comes to the conclusion that PERSON_1 committed the offense provided for in Part 5 of Article 212-3 of the Criminal Code of Ukraine.
According to Art. 33 of the Code of Criminal Procedure of Ukraine, the court, when imposing fines for administrative offenses, taking into account the nature of the offense committed, the identity of the offender, the property status of the offender, working, the absence of circumstances aggravating or mitigating the responsibility of the offender, deems it necessary to impose on PERSON_1 a penalty in the form of a fine within , provided for by the sanction of Part 5 of Art. 212-3 of the Criminal Code of Ukraine, which is a sufficient measure of responsibility for the purpose of its education, as well as prevention of new offenses.
On the basis of Art. 40-1 of the Code of Ukraine on Administrative Offenses, PERSON_1 is subject to a court fee in the amount of 536 hryvnias and 80 kopecks in favor of the state.
On the basis of the above, guided by Art. 283, 284, Criminal Code of Ukraine, court,
find PERSON_1 guilty of committing an administrative offense provided for in Part 5 of Article 212-3 of the Civil Code of Ukraine, and impose an administrative penalty in the form of 25 (twenty-five) non-taxable minimum incomes of citizens, which amounts to 425 (four hundred and twenty-five) hryvnias in state income.
Collect from PERSON_1 a court fee in the amount of 536 hryvnias, 80 kopecks. in favor of the state.
The judge's ruling can be appealed within ten days from the date of its submission to the Kyiv Court of Appeals through the Darnytskyi District Court of Kyiv.
Judge O.Yu. Rudyuk