In Chernihiv, the court recognized the fact of illegal maintenance of the man in the territorial center of completion and social support, in fact equating the situation to "slavery". At the same time, the appellate court refused to satisfy his claim for release.
The incident happened with a resident of Chernihiv, who was kept in the premises of the shopping center for more than four days. He was not detained in criminal proceedings, was not in custody, but was not able to leave the premises. The protection was carried out by the employees of the military enlistment office, who do not have the appropriate status of law enforcement officers and detention.
The Chernihiv Court of Appeal, considering his complaint, in the decision directly stated that the stay of a man under such conditions was "actual slavery." The Court stressed that the content of the investigating judge's decision does not follow any grounds for his detention or restriction of freedom, and therefore the person was illegally in the Tax Code.
However, despite such a rigid legal assessment of the situation, the court did not satisfy the release. The reason is that the court does not have the authority to resolve the issue of military service if they do not relate to the criminal process.
Thus, the court found the fact of illegal detention, but did not oblige the body of the Criminal Code to terminate such practice. The decision was criticized by human rights activists who see in such actions violation of fundamental human rights and the use of CCC outside the legal field.
