In case if illegitimacy of the reason or lack of grounds for initiation of criminal prosecution, the prosecutor, the investigator, the investigation body make a decision to dismiss the initiation of criminal prosecution.
The copy of the decision is sent to the corresponding prosecutor within 24 hours of making the decision.
The copy of the decision is immediately sent to the physical person or legal entity which reported about the crime.
The decision dismissing the initiation of criminal prosecution can be appealed to higher prosecutor or in the court of appeal during the period of 7 days from the date of receipt of the decision.
Based on the complaint concerning the dismissal of initiation of criminal prosecution, during the 7 days upon receiving the complaint, the higher prosecutor eliminates the decision appealed against, initiates criminal prosecution and sends it for preliminary examination to the investigator or takes the case under his own consideration or confirms the legitimacy of dismissal of the initiation of the criminal prosecution.
Based on the complaint concerning the dismissal of initiation of criminal prosecution, the court eliminates the decision appealed against, or confirms its adequacy. The elimination of the decision appealed against makes the initiation of the case by the prosecutor mandatory.
