760/14528/22
DECREE
IN THE NAME OF UKRAINE
On November 9, 2022, the judge of the Solomyanskyi District Court of Kyiv Kryvorot O.O., having considered the materials received from the Kyiv Region Bar Council of the National Bar Association of Ukraine on bringing to administrative responsibility PERSON_1, the so-called chairman of the board of the joint-stock company "United Mining and Chemical Company", located at the address: Kyiv, st. Surikova, 3,
according to part 5 of Art. 212-3 KUpAP,
SET UP:
according to the administrative offense protocol of the KS series No. 00102 dated 11.10.2022, authorized by the Kyiv Oblast Bar Council to draw up and sign administrative offense protocols, a member of the Kyiv Oblast Bar Council PERSON_4 drew up an administrative protocol against PERSON_1 regarding his violation of the requirements of Part 5 of Art. 212-3 of the Criminal Procedure Code, namely incomplete provision of information in response to an attorney's request in accordance with the Law of Ukraine "On Advocacy and Advocacy".
PERSON_1 did not appear at the court session, although he was duly informed about the date, time and place of the court session, the reasons for his non-appearance are not known, and therefore the court decided to conduct the hearing in his absence.
After examining the case materials, the court came to the conclusion that PERSON_2 is guilty of the offense provided for in Part 7 of Art. 212-3 of the Criminal Procedure Code, was fully confirmed in the written evidence collected and examined at the court hearing, namely:
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protocol on administrative offense series KS No. 00102 dated 11.10.2022;
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a copy of the lawyer's request from the lawyer Valenko A.S. to the joint-stock company "United Mining and Chemical Company" dated August 5, 2022;
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a copy of the notice of receipt by the joint-stock company "United Mining and Chemical Company" of a lawyer's request;
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a copy of the answer with attachments Chairman of the Board of the joint-stock company "United Mining and Chemical Company" PERSON_1 at the lawyer's request dated 08/05/2022.
Yes, so on the chairman of the board of the joint-stock company "United Mining and Chemical Company" PERSON_1 did not provide an answer to questions 5, 6, 7 of the lawyer's request of the lawyer A.S. Valenko. from 08/05/2022.
Taking into account the above, the identity of the offender, I consider it necessary and sufficient to impose a fine on PERSON_1.
According to Art. 40-1 of the Code of Administrative Offenses, the court fee in proceedings on an administrative offense in the case of a court (judge) ruling on the imposition of an administrative fine shall be paid by the person on whom such a fine has been imposed.
Taking into account the above, guided by Part 5 of Art. 212-3 on the basis of Art. 22, 283, 284 of the Labor Code, –
POSITION:
PERSON_1 to be found guilty of committing an administrative offense provided for in Part 5 of Article 212-3 of the Code of Administrative Offenses and to impose an administrative penalty in the form of a fine in the amount of 20 non-taxable minimum incomes of citizens 340 (three hundred and forty) UAH. into the state income, which is payable on Recipient of funds: UC in Solomyansky district Recipient's code 38050812 Recipient's account: (IBAN): UA278999980313090106000026010 Recipient's bank: Treasury of Ukraine (EAP) Budget revenue classification code: 21081100 Purpose of payment: administrative fine.
Collect from PERSON_1 in favor of the state a court fee in the amount of 496 (four hundred and ninety-six) UAH. 20 kopecks, payable to the payee of the Central Administrative Court in Kyiv/Kyiv/22030106, Recipient's bank: Treasury of Ukraine (EAP) Recipient's account UA908999980313111256000026001 Budget income classification code: 22030106 Purpose of payment: *;101; ID number; The court fee was collected from PIB in favor of the state by court decision 760//22 (case number).
The ruling can be appealed to the Kyiv Court of Appeals through the Solomyanskyi District Court of Kyiv within ten days from the date of its issuance.
The resolution is submitted for implementation within three months.