The Prosecutor General of Ukraine Yuriy Lutsenko on Thursday in the presence of a business Ombudsman Algirdas Semeta, representatives of the Council of the business Ombudsman and business associations have signed a letter of orientation on the prevention of violations of the rights of subjects of economic activity during the searches, according to the website of the Prosecutor General.
Lutsenko said that during the meeting of President of Ukraine Petro Poroshenko and Prime Minister Volodymyr Groysman with representatives of domestic and foreign business 14 September 2017 the most criticism was voiced against the “unwarranted use of force during a court-sanctioned searches.” “The President and the Prime Minister expressed a point of view about the need for regulation of these actions in order to reduce them to minimum”, – said the Prosecutor General.
According to him, in this regard will be strengthened control over the work supervised agencies and subordinate groups and ensured strict observance of the requirements of criminal procedure legislation.
To this end, in accordance with the letter of orientation, the Prosecutor General ordered his subordinates to take further coordination measures for coordination with the heads of law enforcement bodies of the order of carrying out certain investigative and procedural actions that limit the rights and interests of business entities of the private sector.
First, to coordinate the motions of the investigators about obtaining the court’s permission to conduct a search procedure, managers should investigate the need for the involvement of special forces and if there is a need to coordinate this with the heads of regional Prosecutor’s offices. The involvement of the special forces for searches permitted in criminal proceedings for grave and particularly grave crimes and in the case of physical resistance to the conduct of investigative actions or other interference with their conduct. About raising special forces, the heads of regional Prosecutor’s offices must immediately inform the public Prosecutor or his deputies.
Second, the searches pursuant to the requirements of the Criminal procedure code should be recorded on video.
Third, when conducting searches needs to be secured unconditional admission of lawyers in case of involvement of stakeholders, including in the case when the lawyer arrives at the scene of the search after it began.
Fourth, pursuant to the requirements of the code of criminal procedure, must present a resolution on the permission to search and all copies thereof, and to initiate the search only after refusing to voluntarily surrender the items or documents specified in the court decision.
Fifth, the temporary seizure of computer equipment, its parts, mobile communication devices, other devices and media for the accumulation and elaboration of digital information is possible only in cases where their provision (together with the information which they contain) is a prerequisite for conducting the expert examination, or has information that these objects obtained through the Commission of a criminal offense or is a means or tools of Commission. If necessary, the investigator or the Prosecutor copies of the information contained on those media.
Sixthly, it should be provided quality study of the motions of investigators to conduct temporary access to things and documents and searches to prevent distortion of data. There must also be proper accounting of the seized property. After making a final procedural decision in the criminal proceedings shall without delay decide on the mandatory return of seized primarily documents.
“Anyone who would flagrantly violate this order, will feel it at least at his salary. I would also like to help your business realize it was a two-way street”, – said Yuri Lutsenko.