The Factory District Court of Zaporizhzhya justified the former head of the Department of Labor of the Main Directorate of the State Labor in Zaporizhzhia Oblast, pleasing his guilt in obtaining a bribe. About it reports "Judicial Reporter" with reference to the sentence of March 28.
The essence of the case was that in 2021 the State Labor allegedly received a complaint from an employee who declared his unofficial employment in PE "Budshalya-2011". In response, the company decided to check, and the official was accused of trying to get a bribe of 25 thousand hryvnias for the "empty" act of verification.
The police documented the transfer of money in two stages - 10 and 15 thousand hryvnias. But the court found a number of serious violations in the investigation and signs of possible provocation.
During the trial, the official insisted that he did not demand money, and the initiator of the contact was the entrepreneur who tried to involve him in the illegal scheme. According to the accused, the funds were thanked at the applicant's initiative, and he did not accept it as a bribe and did not even immediately realize that he was put in his pocket. Moreover, he said some of the money at home in two days and added to the family budget.
However, in the materials of unspoken investigative actions it was stated that the entrepreneur transferred funds with the wording "This is part, the rest later", and the official replied: "Thank you ... I do not like when I have not been finished." However, the court decided that these replicas could not be interpreted as a bribe requirement, and the process itself had a deliberate provocation.
In addition, the defense proved that an allegedly illegal employee who complained about 20111, did not work at this enterprise and did not write a statement. He was not even questioned during the pre -trial investigation.
In addition, the search, during which the main evidence was seized - labeled money and documents - was conducted with procedural violations. In particular, the request for the search was considered without the participation of the parties and without technical fixation, which is contrary to the requirements of the CCP. As a result, the court found such evidence inadmissible.
The court drew attention to another absurd moment: the probable fine for the violation they wanted to avoid (illegal employment) ranged from 8 500 to 17 000 UAH, while the amount of "bribe" - 25 000 UAH. In addition, the terms of bringing the employer to justice have already passed before the check.
All these circumstances, according to the court, confirm the artificiality of the case. Therefore, the accused was justified due to the lack of a crime.
