In recent practice, instances have frequently been recorded where, in the context of criminal proceedings initiated particularly in relation to economic crimes, investigators have conducted searches after which the doors of business premises, such as shops or pharmacies, have been sealed and closed for an indefinite period of time, thereby de facto suspending the activities of the economic operator.
In one criminal case, in which attorney Gurgen Nersisyan of the “LSA” Law Office acted as defense counsel, the Court, and in another case the supervising Prosecutor, recognized the sealing of the premises and the restriction of the activities of the economic entity as unlawful. Accordingly, the defense complaint lodged against the actions of the investigator was upheld.
The decision of the supervising Prosecutor to satisfy the complaint states the following: "In this case, by sealing the doors of the pharmacy operated by “XX” LLC, the investigative body conducting the proceedings acted ultra vires, performing an act not authorized by law. The measure resulted in an unlawful restriction of the constitutional right to economic freedom, namely the right to engage in entrepreneurial activity. It must also be emphasized that such actions may cause financial and economic damage to the business entity, harm its commercial relations and reputation, and create the perception that the actions pursue punitive purposes — objectives and rationale not envisaged by the legislator within the scope of procedural measures."
The consolidation of this approach in judicial and prosecutorial practice constitutes a substantial advancement in the development of law in this area and serves as an important safeguard against unlawful restrictions of the rights of economic operators.
It is to be expected that investigative bodies will duly take into account the position adopted by the Prosecutor’s Office and will ensure the maximum protection of the rights of economic operators within the framework of procedural activities.