Implementing changes in search procedure

Implementing changes in search procedure

Financial & legal committee's initiative

Description

Despite the adoption on December 1, 2017 the amendments to the Criminal and Criminal Procedural Codes in the section of conducting searches by security forces at companies' offices, business still remains under a threat of a pressure from law enforcement authorities.

Problem

Due to the ignorance of recommendations provided by representatives of IT and other industries, the current version of the Business Protection Act, known as the "mask-show stop", contains many "white spots" and does not regulate a number of issues that would truly protect the interests of entrepreneurs from illegal actions by the officials. For example, after the changes to the CC and the CCP implementation, the grounds on which the security forces could be held liable for the illegal or "erroneous" seizure of technology are still not recorded. Also, among the core terms in the codes, there are no definitions for electronic and digital technology, communication terminals, ATMs, servers and other technical devices for data storing. All these disadvantages create a significant area for abuse which have already led to financial and reputational losses for some market-players.

For the effective work of novels and real protection of business from illegal actions of law enforcement officials, the Association's experts developed a number of proposals:

  • Criminalize deliberate "mistakes" of investigators and prosecutors;
  • Create the possibility of appealing a judicial decision on a search in an appeal procedure with the prosecution of a judge of a district court that issued the resolution;
  • Include in the Art. 3 of CCP a definition of "server" and other terms from the IT-sphere for unambiguous interpretation by all sides;
  • Operate the practice of the European Court of Human Rights, in particular, the decision of January 23, 2014 on the case of East / West Alliance vs. Ukraine, and to prohibit the unwarranted seizure of servers as "tools and means of work".

Current task

Together with the Supreme Court of Ukraine (Criminal Collegium), the Institute of Computer Systems in Odessa and experts of the Association, a bill was introduced to amend the Criminal Code and the CPC on the basis of a correct balance between the implementation of the law enforcement agencies of its work and the protection of business interests.

By now, the Association's community is in active dialogue with representatives of legislative power, with Verkhovna Rada's Committee on Legislative Support of Law Enforcement in particular. In addition, there is a discussion on the creation of an ad hoc working group of IT-community experts for further work on the initiative.

Goal

Approximation of Ukrainian legislative system in the field of business protection to European and world level, protection of the interests of Association members and other players in the market and illegal interference in economic activity and abuses by law enforcement officers, achievement of a significant improvement of the investment climate in Ukraine.

The comparative table of the proposed innovations and existing provisions in CC and the CPC of Ukraine is available by the link.