Omission of chief state inspector!

On 29 June 2010 one private company filed a petition in our Anti-corruption committee to fight against one high-ranking official. This sensational case was submitted to our lawyer, and namely to Mr. Sigal Oleksii Leonidovych.

During examination of the case Mr. Sigal has elicited a terrible fact of omission of chief state fire supervision inspector in Kyiv colonel of Civil Defense Agency Mr. Kukurudziak Serhii Dmytrovych who intended to violate a right of free enterprise ensured by the Constitution of Ukraine and to violate economic and social interests of the Plaintiff and to endanger physical loss (damage) to the Plaintiff, respectively.

Circumstances of the case:

On 08 April 2010 the chief state fire supervision inspector in Kyiv colonel of Civil Defense Agency Mr. Kukurudziak Serhii Dmytrovych made the Decree # 1 on use of interim measures (hereinafter referred to as “Decree 1”) and the Decree # 2 on cancellation of authorization to start an enterprise and to lease the premises (hereinafter referred to as “Decree 2”).

In the manner prescribed by article 5 of the Fire Security Act of Ukraine, Instruction on Procedure and Conditions of Use of Precaution Measures by state fire supervision authorities approved by order of Ukrainian Ministry of Civil Defense and Emergency Response of 21.10.2004  # 130 registered in the Ministry of Justice of Ukraine on 8 November 2004 under # 1416/10015 the Plaintiff (mentioned private company) has taken measures directed at the rectification of all (12 of 15) detected violations (incisive comments) and has submitted a letter of guarantee which ensured that the Plaintiff will equip the object with the fire-fighting and fire alarm devices with the signal output from the control unit of automatic fire-alarm system to the centralized fire observation console after consent of the landlord on or before 29 December 2010.

Thus, all damages mentioned in the Decree 1 and the Decree 2 were rectified by Plaintiff except for damages which shall be rectified by the Landlord or with his consent.

However, in violation of Instruction on Procedure and Conditions of Use of Precaution Measures by state fire supervision authorities the chief state fire supervision inspector in Kyiv colonel of Civil Defense Agency Mr. Kukurudziak Serhii Dmytrovych has not made the Decision on cancellation of Decree # 1 on use of precaution measures and Decree # 2 on cancellation of authorization to start an enterprise and to lease the premises.

The answer including grounds for non-making the Decision on cancellation of Decree 1 and Decree 2 was not also given to the Plaintiff’s address.

With the help of the lawyer Mr. Sigal Oleksii the administrative claim was filed on 07 July 2010 with the Kyiv District Administrative Court to appeal omission of Chief state fire supervision inspector in Kyiv colonel of Civil Defense Agency Mr. Kukurudziak Serhii Dmytrovych.

The case was examined by the Honorable Court closely and won.