Finally, what Ukrainian e-tishniks have been talking about for so long has happened – a bill code-named “Stop Masks Show Stop” was submitted to the VRU. The corresponding document on changes to the Criminal Procedure Code (CPC) was issued No. 9211. We will remind that recently the Minister of Digital Transformation of Ukraine Mykhailo Fedorov talked about the concept of this draft law.
The Ministry of Statistics notes that during the work on draft law No. 9211, the department tried to introduce a balanced model of interaction between the state and business, as well as take into account the interests of all parties. Its main goal is to create civilized conditions for conducting searches that would not block the possibility of IT companies’ work.
Among the main changes and innovations of draft law No. 9211 are the following:
- a distinction is made between the concept of electronic information contained on computers and the technology itself. If, during the search, the investigator believes that the equipment may contain information important to the investigation, he will have to take (copy) the information, and not the equipment;
- prohibition of removal of any items without a corresponding court decision;
- if the equipment is seized, the owner will have the right to copy the information. That is, the company will have the opportunity to work on other devices;
- lawyers and equipment owners will be able to record the search on video;
- the investigator is obliged to justify in court whether the equipment or electronic device is related to the crime;
- the term of arrest is introduced – 60 days. After that, the equipment is subject to return, or even charges are filed;
- when seizing the property of a third party, the prosecutor is obliged to prove the expediency of extending the seizure after two months;
- the duty of the prosecutor is to cancel the seizure of property at the same time as issuing the decision of the investigator to close the criminal proceedings. If this does not happen, the owner can file a complaint against the actions of the prosecutor.
It is not yet known when the Verkhovna Rada will be able to actually start consideration of draft law No. 9211, and when it may enter into force.
