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07.08.2023

Lawyer requests: the practice of the Shevchenkiv District Court of Kyiv

Case No. 761/18414/23

Proceedings No. 3/761/4250/2023

DECREE

IN THE NAME OF UKRAINE

On June 8, 2023, the judge of the Kyiv Shevchenkivsky District Court Oleg Savytskyi, having considered the materials of the administrative offense case received from the Authorized Member of the Bar Council of the Kyiv Region on bringing to administrative responsibility PERSON_1, a citizen of Ukraine, working in the position of Deputy General Director of the State Enterprise "National Opera and Ballet Theater of Ukraine named after T.G. Shevchenko" at the address: Kyiv, Lysenka St., building 5, in part 5 of the 212-3 KUpAP,

INSTALLED:

On March 10, 2023, PERSON_1, while in the position of Deputy General Director of the State Enterprise "National Opera and Ballet Theater of Ukraine named after T.G. Shevchenko" at the address: Kyiv, Lysenka Street, building 5, illegally refused to provide information to the lawyer G.V. Hanchuk. in response to the lawyer's request dated February 13, 2023 No. 13/02-23, thereby violating the requirements of Part 2 of Art. 24 of the Law of Ukraine "On Advocacy and Advocacy", which provides for administrative liability, in accordance with Part 5 of Art. 212-3 of the Labor Code of Ukraine.

PERSON_1 did not appear at the court session, but his written explanations were sent to the court, in which the latter fully denied the circumstances stated in the protocol, did not admit his guilt in committing an administrative offense, and asked to close the proceedings in the case of an administrative offense in connection with the absence of an administrative offense in the actions, as well as consider the case in its absence.

Having examined the materials of the administrative offense case, the judge believes that PERSON_1 is guilty of committing the administrative offense provided for in Part 5 of Art. 212-3 of the Criminal Procedure Code, fully proven and confirmed by the following: protocol on an administrative offense; attorney's request No. 13/02-23 dated February 13, 2023; by letters No. 45/1 dated 02.16.2023 and No. 68 dated 03.10.2023 signed by the Deputy General Director of the State Enterprise "National Theater of Opera and Ballet of Ukraine named after T.G. Shevchenko" PERSON_1.

Thus, from the protocol on an administrative offense and the materials attached to it, it can be seen that the deputy general director of the State Enterprise "National Opera and Ballet Theater of Ukraine named after T.G. Shevchenko" PERSON_1 at the place of work at the address: Kyiv, Lysenko Street, building 5, having received from the lawyer G.V. Hanchuk. lawyer's request dated 02/13/2023 No. 13/02-23, his letter dated 03/10/2023 No. 68 did not provide the requested information.

At the same time, PERSON_1 was not confirmed, and the judge did not establish that the information requested by the lawyer was included in the company's list of information containing official information, as well as confidential information about individuals.

Therefore, the judge believes that the information requested by the lawyer does not belong to information with limited access, and therefore PERSON_1 in violation of the requirement of Part 2 of Art. 24 of the Law of Ukraine "On Advocacy and Advocacy" unlawfully refused to provide it.

Taking into account the above, the judge finds PERSON_1 guilty of committing an administrative offense provided for in part 5 of Article 212-3 of the Criminal Procedure Code, and therefore comes to the conclusion about the need to apply to PERSON_1 an administrative penalty in the form of a fine to the state income in the amount of 25 tax-free minimum incomes of citizens, provided for by the sanction of part 5 of Article 212-3 of the Labor Code of Ukraine.

Guided by Art. Art. 24, 33-35, 212-3, 221, 251-252, 268, 277, 283-285, 294 KUPAP, judge

RESOLVED:

PERSON_1 to be found guilty of committing an administrative offense provided for in Part 5 of Art. 212-3 of the Code of Administrative Offenses of Ukraine, and apply to him an administrative penalty in the form of a fine to the state income in the amount of 25 tax-free minimum incomes of citizens, which is 425 (four hundred and twenty five) UAH. 00 kopecks

Collect a court fee in the amount of 536 (five hundred and thirty-six) hryvnias from PERSON_1 in favor of the state. 80 kopecks

The decision may be appealed by the person brought to administrative responsibility, his legal representative, defense counsel, the victim, his representative to the Kyiv Court of Appeals by filing an appeal within ten days from the date of the decision.

The resolution enters into force after the deadline for filing an appeal has expired.

The deadline for submitting a resolution for execution is three months from the day the resolution enters into force.

Judge

Court practice (administrative protocols)