Ilyashev & Partners Law Firm prevented a violation of the client’s rights in the case of illegal property possession by forging documents, by obtaining the cancellation of an investigator’s decision to close the criminal proceedings.
In 2008, a couple acquired an apartment in Kyiv. In 2017, the spouses discovered that their apartment was mortgaged without their knowledge or consent. A disputed mortgage agreement was concluded by a company that did not own the property rights to the apartment.
The police initiated a criminal investigation regarding the illegal possession of the couple’s apartment, the property was seized during pre-trial investigation.
In 2023, following the death of the wife, the husband learned that the arrest had been lifted and the criminal investigation closed. To protect his rights, the deceived man sought legal assistance from Ilyashev & Partners.
The team of Criminal Law Practice of Ilyashev & Partners filed a claim to the court to cancel the decision on closing the criminal proceedings.
Ilyashev & Partners’ team presented reasoned evidence that the pre-trial investigation was conducted by law enforcement bodies in a biased and one-sided manner without objective or thorough examination of all case circumstances. The closure of this proceeding, on the contrary, only brought the fraudsters closer to completing their plan.
The court accepted the legal position of Ilyashev & Partners’ team, concluding that the decision to close the criminal investigation was groundless, lack of motivation, and did not comply with the requirements of criminal procedural law.
On 25 April 2024, the Sviatoshynskyi District Court of Kyiv canceled the decision to close the criminal proceedings. The criminal proceedings have now been resumed, and Ilyashev & Partners’ attorneys are taking steps to re-arrest the real estate.
The project was managed by Volodymyr Adonin, Attorney at Law, and Olha Yaremenko, Lawyer.
