On 28 June, 2014, a range of mass media disseminated the information about search of advocate Denys Gordeev and his farther detention, which took place with procedural violations and breaking guarantees of attorney’s activity.
On 25 June, 2014 on the territory which belongs to the one of the enterprises in the city of Kirovohrad, during the search and detention of attorney Denys Gordeev, the law enforcement officials seized materials of his attorney’s proceedings, mobile phone, personal belongings and did not give him an opportunity to provide written pleadings, as he was handcuffed. Parol evidence was not registered as well.
By these actions the law enforcement officials neglected regulations of the Article 23 of the Law of Ukraine “On the Bar and Advocacy” in the part of injunction search, discovery or seizing documents, connected with conducting attorney’s activity. Also legislative provisions regarding presence of representative of the regional bar council and giving prior notice thereof to the regional bar council regarding procedural action against an attorney were ignored.
Moreover, during breaking demands of the first item of the first part of the Article 481 of the Criminal Procedure Code of Ukraine the written notice of suspicion was served to attorney Mr. Gordeev not by the Prosecutor General of Ukraine, his deputy or regional prosecutor. Furthermore, eligible attorney’s self governance body was not informed regarding serving this kind of notice.
In regard of the mentioned above violations of attorney’s activities guarantees Head of the Commission Valentyn Zagariya has sent the official appeal to the Prosecutor General of Ukraine Vitaliy Yarema with request to take measures for avoiding breaking demands of the Article 23 of the Law of Ukraine “On the Bar and Advocacy” by law enforcement officials of Kirovohrad region in the future, as well as provide appropriate reaction to ensure prosecution of the responsible persons as set out by law.