Аналітика. Статті. Коментарі.
Опубліковано 06.06.2016 Ігор Реутов
The Draft of a proposed Act of Parliament No 3719 ‘On Amending Code of Criminal Procedure With Regard To Certain Issues Of Investigative Actions With Purpose To Ensure Additional Guarantees Of Legality During Their Conduct’ is a long-awaited piece of legislation. It is intended to reduce the risk of abuse of power by investigative agencies when they conduct search and execute warrants of seizure. On the other hand, the amendment, if enacted, will enhance rights of persons being searched and persons whose property is being seized.
The Draft, inter alia, introduces a general rule, which explicitly, as opposed to the legislation in force, prevents investigative agencies from seizing computers, their parts, and mobile phones, instead, they will be obliged, if required, to copy information kept on such devices. The positive effect of the amendment will be appreciated by IT-companies whose business will not be stuck, as contrasted to existing state of affairs, because of unreasonable seizure of their computers, hard disks, smartphones, etc.
Another positive amendment worth mentioning is that the Draft facilitates admission of an attorney-at-law to the place, which is being searched. The Draft unequivocally states that investigation officer must admit an attorney-at-law to the place, which is being searched, at any stage of the search, whereas current regulation implies that an attorney-at-law is admitted by an investigation officer if the former is actually at place, which is being searched, at the moment when the search commences, otherwise the attorney-at-law is often not allowed to be present.
To sum up, the Draft is a very promising piece of legislation, which, if enacted, will considerably amplify legal protection against unreasonable search and unreasonable seizure. Hopefully, the Parliament will enact a bill into law and the President will not exercise his veto right.