Facts are stubborn things. And no matter how much the prosecutor's office reports that violations of election legislation committed during last year's presidential elections in Ukraine are receiving an adequate response, unfortunately, in the territory of the Volyn region this cannot be said. And although 13 criminal cases have already been opened on the facts of violations of election legislation, the circumstances of the opening of these cases make one wonder exactly how this process is taking place. Thus, in March 2005, one of the employees of the Ivanychi District Department of the Ministry of Internal Affairs of Ukraine in the Volyn region submitted a written statement to the Volyn branch of the Committee of Voters of Ukraine, the essence of which is as follows. During the second round of the presidential elections of Ukraine, the head of the Ivanychi district police department forced his subordinates and members of their families to hand over absentee certificates. After the second round of elections, police officers who did not go along with such a gross violation of election legislation turned to the prosecutor's office of the Ivanychi district for the purpose of bringing the guilty persons to liability established by law. But that was not to be. The prosecutor's office of the Ivanychi district, having recorded this fact, refused to open a criminal case several times. The prosecutor's office of the Volyn region also did not properly respond to this. After such ordeals, in February, the police officers turned to the secretariat of the President of Ukraine with a request to help resolve this issue; their appeal was sent to the prosecutor's office of the Volyn region, which, finding nothing better, sent it for verification, but again to the prosecutor's office of the Ivanychi district. After the Volyn branch of the Committee of Voters of Ukraine appealed to the prosecutor's office of the Volyn region regarding this fact, a response was received that the materials on these facts had been studied by the regional prosecutor's office and they (the materials) were sent to the prosecutor's office of the Ivanychi district for a decision in accordance with Art. 97 of the Criminal Procedure Code of Ukraine. The current Criminal Procedure Code of Ukraine and the Law of Ukraine "On the Prosecutor's Office" provide for the possibility of opening a criminal case by the regional prosecutor's office as well and accepting it for its own proceedings, in order to avoid unfounded, to put it mildly, correspondence with the applicants. And in the end, let us still hope that there are healthy forces in the prosecutor's office that will find the courage to fulfill their duty before the people and the state.
Prosecutorial response to violations of electoral legislation. The Ivanychi episode
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