N. No. 759/17022/22
Ave. No. 3/759/7678/22
IN THE NAME OF UKRAINE
On December 8, 2022, the judge of the Sviatoshyn District Court of Kyiv, A.M. Yaselskyi, after considering the materials received from the Kyiv Region Bar Council on bringing to administrative responsibility INDIVIDUAL_1, working as the head of the Verkhovyna condominium,
according to part 5 of Art. 212-3 of the Code of Ukraine on Administrative Offenses,
PERSON_1, being the head of the "Zhk Verhovyna" condominium, on 26/09/2022 in Kyiv, on Peremohy Ave., 109-A, violated the right to information, namely: provided information on request No. 15/09-1 dated 09/15/2022 lawyer Bosenko O.M. not in full, by which he committed an administrative offense provided for in Part 5 of Art. 212-3 of the Labor Code of Ukraine.
At the court session, PERSON_1 reported that he responded to the request of O.M. Bosenko's lawyer.
Having studied the materials of the administrative offense case, in particular: the protocol on the administrative offense series KS No. 00144 dated 11/21/2022; statement of lawyer Bosenko O.M. about bringing PERSON_1 to administrative responsibility; a copy of the lawyer's request of Bosenko O.M. to the condominium "Zhk Verhovyna" No. 15/09-1 dated September 15, 2022; a copy of the response of the chairman of the Verkhovyna condominium association PERSON_1 to the request of O.M. Bosenko's lawyer; having assessed all the evidence in the case, both individually and in their entirety, comprehensively, completely and objectively, the court comes to the following conclusions.
In accordance with Part 5 of Art. 212-3 of the Code of Administrative Offenses of Ukraine is an administrative offense of unlawful refusal to provide information, untimely or incomplete provision of information, provision of information that does not correspond to reality, in response to a lawyer's request, a request of the qualification and disciplinary commission of the bar, its chamber or a member in accordance with the Law of Ukraine "On advocacy and advocacy".
According to Art. 245 of the Code of Administrative Offenses, the tasks of proceedings in cases of administrative offenses are: timely, comprehensive, complete and objective clarification of the circumstances of each case, its resolution in exact accordance with the law, ensuring the implementation of the issued resolution, as well as identifying the reasons and conditions that contribute to the commission administrative offenses, prevention of offenses, education of citizens in the spirit of law-abiding, strengthening of legality.
Thus, taking into account that sufficient evidence has been collected in the case, which does not raise doubts about its authenticity and admissibility, and which confirms PERSON_1's commission of an administrative offense, provided for in Part 5 of Art. 212-3 of the Criminal Procedure Code, there are all grounds for bringing him to administrative responsibility.
However, according to Art. 22 of the Code of Administrative Offenses, if the administrative offense committed is insignificant, the body (authorized person) authorized to resolve the case may release the offender from administrative responsibility and limit himself to a verbal remark.
On the basis of the above and taking into account the nature of the offense committed, its insignificance, the identity of the offender who was not previously brought to administrative responsibility, the court considers it possible to release PERSON_1 from administrative responsibility and limit himself to a verbal remark.
Guided by Art. Art. 22, 245, 283-285, 294 KUpAP, court, –
Release PERSON_1 from administrative responsibility for committing an administrative offense provided for in part 5 of Article 212-3 of the Code of Administrative Offenses of Ukraine, and limit ourselves to oral comments.
The ruling can be appealed within ten days from the date of its submission to the Kyiv Court of Appeals, through the Svyatoshinsky District Court of Kyiv.
Judge: A.M. Yaselskyi