A partner at Barristers, LLC, Attorney Alexander Shadrin and Barristers JSC attorney Alexander Tananakin successfully defended a suspect who is a private enforcement agent during the hearing on the prosecutor’s motion to impose a preventive measure in the form of round-the-clock house arrest.

The private enforcement agent is charged with committing a crime under Part 2 of Article 364 of the Criminal Code of Ukraine, namely abuse of official position, that is, the intentional use by an official of their authority or official position, contrary to the interests of the service, with the aim of obtaining any unlawful benefit for themselves or another natural or legal person, resulting in serious consequences. This offense is classified as a serious crime under Article 12 of the Criminal Code of Ukraine.

During the court hearing, the defense attorneys argued that the suspicion was completely unfounded, asserting that the suspect, in the performance of his official duties, acted strictly within the framework of applicable law.

The investigating judge of the Kherson City Court in Kherson Oblast upheld the defense’s legal position, denying the prosecutor’s motion in its entirety. Imposing house arrest as a pretrial restraint would have resulted in the suspension of the private enforcement agent’s activities and a violation of the rights of creditors in more than 150 enforcement proceedings.