European Solidarity has submitted a bill that significantly limits extrajudicial searches: only in cases of particularly serious crimes or corruption
People’s deputies from the European Solidarity faction have submitted a bill that should significantly limit the rights of security forces to conduct extrajudicial searches at enterprises and in citizens’ homes. As faction co-chairman Artur Gerasimov noted at a briefing, this bill is an important systemic element in ending pressure on business. He called on colleagues from other factions to sign the bill, submit it as soon as possible for consideration by the relevant committee and a vote in the session hall.
“The bill is professional and based on international experience. I appeal to the representatives of the relevant committee of the Verkhovna Rada of Ukraine to urgently consider this bill as soon as it is registered. And to adopt it first and foremost at the next meeting,” Gerasimov said.
The bill, in particular, provides for a significant restriction of the circumstances that allow law enforcement officers to conduct urgent searches without a court order.
“Article 233 of the Code of Criminal Procedure establishes a specific list of situations where only an investigator or prosecutor may enter the premises of citizens, as well as the offices of companies, without a court ruling. This applies to urgent cases related to saving people’s lives, preventing an immediate threat to their health, sexual freedom or personal safety, or the direct prosecution of persons suspected of committing crimes under Articles 115-118, 121, 11, 14 152, 153, 155, 156-1, 258, 258-1 and 259. Why is this important? Because it concerns murder, serious bodily harm, rape and everything related to this,” Gerasimov said.
“Understanding that the fight against corruption is the number one priority in Ukraine today after our fight on the front, we specifically stipulate that NABU representatives can also conduct searches and enter premises and offices without a court order under Articles 368 and 369 of the Criminal Code. This concerns bribery. This is important because we believe that the fight against corruption must be strengthened,” the co-chairman of the “EU” faction emphasized.
And the third element in this bill. There are already specific decisions of the ECHR regarding the Ukrainian “lawlessness”. Therefore, our bill very clearly states: if such a search was conducted without a court order, it must be legalized within 48 hours in an open court session in the presence of the victim and his lawyer. At this session, the prosecutor or investigator must prove for each seized evidence that is related to a specific case. Why is this important? Because they write whatever they want, come in, scoop out money, jewelry, equipment – everything. It has no relation to the case, but they scoop it out. And then – no liability. Now the investigator will be obliged to prove why certain evidence was seized,” Gerasimov explains.
It is also proposed to introduce liability for judges so that they do not make formal decisions, but thoughtfully analyze the grounds for such searches. And the decision of the court of first instance can be appealed.
As People’s Deputy Nina Yuzhanina emphasized, despite numerous promises from the authorities regarding support for business, moratoriums on inspections and other high-profile initiatives, the situation with pressure on entrepreneurs is not changing for the better.
“Criminal cases, which after the last wave of business indignation are on the table or in the cabinet, are taken out again and are unfinished, not brought to a logical conclusion. That is, the business is kept in this situation all the time. Instead of entrepreneurs being able to work, they have to look back, what will happen to them next. Regarding unfounded searches of entrepreneurs and confiscated property. Until now, the property has not been returned, the equipment has not been returned. What next with these criminal cases? Perhaps, if the decision of the National Security and Defense Council is implemented and such an analysis is carried out, we will find out later,” Yuzhanina notes. According to her, ensuring the law during extrajudicial searches in the homes of citizens is also a big problem.
No moratoriums on inspections will solve the problem. Only such systemic things that we proposed with this draft law. Because competitive processes, evidence even after searches, holding a court hearing to legalize them give both businesses and citizens the opportunity to protect themselves. Transparency, openness – all this should be in a democratic state. Moreover, the draft law is actually written exclusively on the basis of the experience and decisions of the ECHR, which are recommended to Ukraine,” Nina Yuzhanina emphasized.
“I hope that there can be no objections from law enforcement agencies. This is the procedure that will raise the status of law enforcement agencies themselves and will allow businesses and citizens to prove their point of view and their rightness in court. This is how work should be built in democratic countries,” Nina Yuzhanina sums up.