Mask-show stops 3.0?

LIGA.Blogs, 30.01.2019

Another bill aimed at protecting IT business

Within the last few years the legislator has repeatedly tried to improve the investment climate of Ukraine by reducing authorities of law enforcement agencies and granting more rights to business in criminal proceedings. Therefore, the known laws Masks-show stop (No. 191-VIII) and Masks-show stop 2 (2213-VIII) were adopted.

A group of deputies on January 17^th proposed a draft law whose name will probably contain 2.1 or 3.0.

Therefore, draft law of Ukraine “On Amending the Criminal Procedure Code of Ukraine and the Criminal Code of Ukraine (On Improving the Procedure for Taking Some Measures to Carry Criminal Proceedings”) purports to reduce pressure first of all on IT business, create favourable conditions for IT industry operation, creation of attractive investment climate.

The legislator offers to make the following amendments to the Criminal Procedure Code of Ukraine:

• to determine for the first time what devices for processing, transmission and storage of electronic information or their components are;
• determines that evidence is electronic information, and carriers themselves are not proofs (it enables business to claim it not necessary to seize computer equipment during search or its expeditious return after search in case in was seized);
• seizure of computer equipment is allowed only if without seizure information stored there will be removed;
• evidence in a case can be not only electronic information, but also its visual image printed on paper and certified in the manner provided by law;
• original seized documents are stored in the file, however, if requested, the investigator will be obliged to issue their copy and original;
• establishing obligation to reimburse cost of equipment and information stored there in case of loss or damage;
• a person seizing things is responsible for damage caused to the owner upon groundless seizure (lost profit, lease of other equipment, etc.);
• during temporary access seizure of equipment is prohibited, only information copying is allowed (exception, in the right to seize is expressly mentioned in a court writ);
• if equipment is seized, during the seizure itself the investigator is obliged to grant possibility of information copying;
• right to appeal the writ on temporary access to computer equipment and electronic systems.

It should also be noted that the mentioned draft law offers to supplement the Criminal Code of Ukraine with Article 374-1 which will prescribe liability of investigator and prosecutor for deliberate violation of the procedure for temporary access, if it caused damage, and 12 years of imprisonment with property confiscation.

I cannot claim that in this case deputies will be able to pass this law, however, if only its part is voted for, it will be easier for business and IT business to exist.

Contact the author: Taras Bezpalyi, counsel at Legal Alliance Company, bezpalyy@l-a.com.ua