Mask Show Stop. The Parliament Adopts New Rules On Business Searches

On November 16^th, 2017, the Verkhovna Rada of Ukraine adopted Draft Law No. 7275 called “Mask Show Stop".

As the explanatory note to the draft law states, its main objective is to increase the level of protection of foreign investors and business entities during pre-trial investigation, to prevent violations of rights by law enforcement agencies, as well as to protect the rights of property owners, which was withdrawn within the framework of criminal proceedings.

In pursuance of this goal, the draft law provides for a number of innovations. In particular, the term "another person, the rights or legitimate interests of which are limited during a pre-trial investigation" has been added, and the rights of such persons have been indicated. The main change is that previously a "fact" case could have been investigated for months without any suspicion and a prospective suspects had no rights.

In addition, the search now has to be recorded on video not only on the request of a participant of an investigative action. This requirement is compulsory. An advocate during the search has also received the right to record the investigative action on video, which had often caused a discussion.

Now an advocate can be allowed to join the case at any stage of the investigative action. It should be noted that before the introduction of these changes every investigator interpreted the law at his own discretion, which resulted in regular "barriers" for advocates to provide legal assistance during the search.

We emphasize that an applicant for a criminal offense must obtain an extract from the Uniform Register of Pre-Trial Investigations within 24 hours, although before the changes were made, the applicant was only entitled to receive a document confirming acceptance of his application on the crime.

Finally, it is established that in the event of denial of access to the advocate to the search, the evidence obtained as its result will be considered inadmissible. In addition, the right to temporarily seize computer equipment has been significantly limited. In particular, the lawmaker focuses on the need to copy the information with the involvement of a specialist. It is noted that a criminal case cannot be reopened under the circumstances previously investigated in another criminal proceeding that was closed.

According to Taras Bezpalyy, Counsel of Legal Alliance, "These changes significantly expand the rights of business entities in the criminal process, provide an opportunity to implement the right to protection and eliminate the diverse interpretation of the rules of criminal procedue legislation of the part of law enforcement agencies and the defense."