Appeal on the commission of a criminal offense (Art. 387 of the Criminal Code of Ukraine) (translation)

1. To Director of the State Bureau of
Investigations
Truba Ruslan Mukhailivich
01032, Kyiv, 15 Symon Petlyura Street
Shokin Viktor Mykolayovich
Postal address: Low Association «Leshchenko,
Doroshenko & Partners»,
01032, Kyiv, 123-B Saksahanskoho Street, office 22
A P P E A L
on the commission of a criminal offense
(within Art. 214 of The CPC of Ukraine)
With the content of Art. 63 of the Constitution of Ukraine and the responsibility
provided for in Art. 383 of the Criminal Code of Ukraine for "Deliberately false message
about the commission of a crime" is familiar, their meaning is clear to me.
______________________ Shokin V.М.
In accordance with Art. 32 of the Constitution of Ukraine no one shall be subjected to
interference in his private life and family matters, except when such interference is stipulated by the
Constitution of Ukraine. The collection, storage, use, and dissemination of confidential information
about a person without his consent shall not be permitted, except for the cases determined by law
and only in the interests of national security, economic welfare, and human rights.
The provisions of Art. 301 of the Civil Code provide for that a natural person shall have the
right to personal privacy. He/she, on its own, shall determine his/her personal privacy and the
possibility to familiarize other persons with it. A natural person shall be entitled to keep secret the
circumstances of his/her personal privacy. Other persons may disclose circumstances of personal
privacy of a natural person only in case they contain indications of an offence confirmed by the
court decision as well as the natural person’s consent
One of the general principals of the criminal proceedings determined by the criminal
procedural law is non-interference in private life. In the course of criminal proceedings, everyone
shall be guaranteed non-interference in private (personal and family) life. No one may collect, store,
use and impart information on private life of an individual without their consent, except for cases
prescribed in the present Code. Information on private life of an individual obtained in accordance
with the procedure established by the present Code may not be used otherwise than for the purpose
of achieving the objectives of criminal proceedings. Everyone who has been granted access to
information on private life shall be required to prevent disclosure of such information.
Article 222 of the CPC of Ukraine stipulates that information of pre-trial investigation may
be disclosed only with permission of investigator or public prosecutor, and in the scope they deem
possible. Unlawful disclosure of information of pre-trial investigation shall entail criminal liability
established by law.
On October 9, 2019 in the national media and Internet there was published an information
on illegal collection and storage of confidential information regarding me without my consent by
the NABU employees in 2016, and its continued use by electronic transmission to the United States
Embassy in Ukraine.
On the same day, the People`s Deputy of Ukraine, Andrii Derkach at the Interfax-Ukraine
news agency held a press-conference «Press Release of US Embassy Pressure on Law Enforcement
Agencies in Ukraine to Intervene in US Election Process». In particular, at this event the People`s
Deputy Andrii Derkach made public the information about the fact of illegal receipt of ID card of

2. mine by the NABU detectives on request of 12.08.2016 to the State Migration Service within Art.
17 of the Law of Ukraine “On the National Anticorruption Bureau”, and the information about fact
of self-documenting my detailed biographical data including some false data, which subsequently
unlawfully were transferred by the officials of the mentioned low-enforcement agency to the
employees of the US Embassy in Ukraine.
Taking this, the NABU employees committed unlawful collection, storage and use of
confidential information related to me without my consent. Subsequently. It was used f by the US
vice-president Joe Biden in order to commit pressure against me by dissemination personal
information about me. It was done because of his hostility that arose against me, in connection with
the fulfillment of duties in 2015 as the General Prosecutor of Ukraine related to ex-Ministry of
Ecology of Ukraine Mykola Zlochenskiy and activity of the Burisma Holding Holding Limited
(Cyprus), where his son Hunter Biden was one of the beneficiaries.
In addition to Ukrainian law, the right to privacy is also guaranteed by international law.
The provisions of Article 12 of the Universal Declaration of Human Rights of 1948
enshrined a rule that No one shall be subjected to arbitrary interference with his privacy, family,
home or correspondence, nor to attacks upon his honor and reputation.
Article 8 of the 1950 Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as the Convention) provides that everyone has the right to respect
for his private and family life, his home and his correspondence; there shall be no interference by a
public authority with the exercise of this right except such as is in accordance with the law and is
necessary in a democratic society in the interests of national security, public safety or the economic
well-being of the country, for the prevention of disorder or crime, for the protection of health or
morals, or for the protection of the rights and freedoms of others
Part 1 of Art. 17 of the International Covenant on Civil and Political Rights of 1966 provides
that no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or
correspondence, nor to unlawful attacks on his honor and reputation.
Confidential information is records owned, used or disposed of by individual physical or
legal entities and shall be disseminated by their wish in accordance with conditions stipulated by
them. The content of such information consists of information about the privacy of a person, which
constitutes his or her personal or family secret (in particular, information about education, marital
status, religiosity, health status, date and place of birth, property status and other personal data of
the person). A person's private life refers to the sphere of an individual's life, which includes the
person's connection with other people, his or her private affairs, family relationships, etc., that is,
everything related to his / her lifestyle and does not have a public nature. Personal secrecy is the
information about the privacy of a particular person that the person wishes to keep secret from
others.
The European Court of Human Rights, in its decision in the Feldman v. Ukraine case of
April 8, 2010, established that any interference with a person’s right to respect for his private and
family life would constitute a violation of Article 8 of the Convention if it was not carried out “by
law”, did not pursue a legitimate aim or objectives in accordance with paragraph 2 and was
“necessary in a democratic society” in the sense that it was proportionate to the goals to be achieved
(see, among other sources, the Elsholz v. Germany judgment (Elsholz v. Germa ny), application No.
25735/94, paragraph 45, ECHR 2000-VIII).
Therefore, the collection of the confidential information related to me by the employees of
the NABU in the absence of grounds provided for by law, its consequent storage and transition
without my consent to the Embassy of the foreign country, that is not used for the purpose of
achieving the objectives of criminal proceedings, but to put pressure on me because of former
activity as Chief of the General Prosecutor Office of Ukraine, defaming me as a person, derogating
my honor and dignity, and it has signs of criminal offense provided for in Part 2 Art. 387 of the CC
of Ukraine.
Accordingly to Part 1 of Art. 214 of the CPC of Ukraine, Investigator, public prosecutor
shall be required immediately but in any case no later than within 24 hours after submission of a

3. report, information on a criminal offense that has been committed or after he has learned on his own
from any source, about circumstances which are likely to indicate that a criminal offence has been
committed, to enter the information concerned in the Integrated Register of Pre-Trial Investigations,
and to initiate investigation. The investigator engaged in pre-trial investigation will be appointed by
the supervisor of a pre-trial investigation chief.
Additionally, I am informing you about conclusion of a legal assistance agreement № 00299
between me and Low Association “Leshchenko, Doroshenko & Partners” dated 12.10.2019, its
attorneys represents me, in particular, in this criminal proceedings.
In accordance with Art. 50 of CPC of Ukraine, please find attached the warrants of my
representatives – attorneys Dorohenko Kostiantyn Kostiantynovich and Teleshchetskiy Oleksandr
Ivanovich.
Considering the above and guided by the requirements of Art. 55, 56, 214 of the Criminal
Procedure Code of Ukraine, -
I ASK TO:
1. Enter to the Unified Register of Pre-Trial Investigations the data on the committed crimes by
the employees of National Anticorruption Bureau of Ukraine, in particular, disclosure of
information on preliminary investigation, the responsibility for which is provided for in Part 2 Art.
387 of the CC of Ukraine.
2. Launch the pre-trial investigation and send written instructions to investigators of the SBI
immediately.
3. Engage me – Shokin V. M. to participation in criminal proceedings as a victim, to hand over
a memo about the rights and duties of the victim, to be questioned as the victim.
4. Inform me in writing about the results of consideration of my appeal.
Annexes:
• a warrant for the provision of legal assistance КВ № 810868 dated 15.10.2019, 1 sheet,
• a certified copy of the Certificate of the right to practice law № 5558 dated 26.02.2015, 1
sheet,
• a warrant for the provision of legal assistance KB № 810869 dated 15.10.2019, 1 sheet,
• a certified copy of the Certificate on the right to practice law of the CC № 000173 dated
28.07.2017, 1 sheet,
• a copy of the document with the biography of Shokin V. M., 1 sheet,
• copy of ID card Shokin V. M. from State Migration Service of Ukraine, 1 sheet.
October 16, 2019 Shokin Viktor Mykolayovich