On November 16, the Verkhovna Rada of Ukraine adopted a government bill “On amendments to certain legislative acts on ensuring compliance with the rights of participants in criminal proceedings and other persons by law enforcements agencies during the prejudicial inquiry”. The adoption of the new law will contribute to the process of countering any existent unjustified pressure on Ukrainian enterprises from law enforcement agencies. The law document was drafted in synergy by the Ministry of Justice of Ukraine, the Ministry of Internal Affairs of Ukraine, the Secretariat of the Cabinet of Ministers of Ukraine, the Business Ombudsman Council, and the other governmental departments.
Henceforth, according to the new Law, the search conducted by law enforcement officers should be followed by sound- and video-recording. Further, the evidence that was not recorded by technical means will be regarded as inadmissible and invalid. The evidence is also proved to be invalid when the entrepreneur’s attorney was not allowed to be present during the search.
Moreover, while conducting a search, law enforcement officers cannot impound original documents, computer and technical devices, servers, and cell phones of entrepreneurs.
Within the framework of the new Law, closed criminal proceedings cannot be repeatedly instituted. At the same time, however, the document establishes adequate time limits of criminal proceedings. If a person’s rights are infringed upon, he/ she is liable to appeal against the investigator’s inaction and put forward a motion regarding the introduction of adequate time limits.
Source: Government portal