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Denys Bugay’s tips for protection of business from the abuse of power of law enforcement agencies

02/ 03/ 2018
  On February 20, a lecture by VB PARTNERS law firm in cooperation with the European Business Association on the topic of “Changes to the Criminal Procedural Code of Ukraine Stop Mask Show was held. The partner of VB PARTNERS, Denys Bugay, commented upon this urgent issue. The attorney-at-law covered the norms and rules of the last two changes to the CPC, including Groisman Initiative, which implement effective tools and significantly reduce the possibility of unlawful actions of law enforcement agencies. Denys Bugay highlighted several key initiatives, such as: Obligation of the investigator to record a search operation on video and let the attorney take part in a search. If this rule is not observed all evidence obtained is inadmissible and cannot be used as evidence in court. Prohibition of unwarranted seizure of information carriers and computer equipment. The investigator with the court’s permission can only remove the objects: (a) that are needed to conduct an examination, (b) that were the instruments of crime or were criminally obtained (stolen phone or computer, which was used for illegal purposes), (c) access to which is restricted, in particular, by way of password. Strengthening the requirements for obtaining a search warrant. Blocking the process of initiating criminal proceedings on the same subject matter by different authorities an infinite number of times. Possibility to close formal criminal proceedings, which hung in the register for years and put enormous pressure on business, allowing the possibility to conduct investigative actions at any time. The event gathered representatives of legal services and their heads from both national enterprises and international companies. Denys Bugay, attorney-at-law, White-Collar Crime Practitioner, partner of VB PARTNERS law firm, Member of the Working Group on Advocacy Reform in the Council on Judicial Reform under the President of Ukraine, recognized by all key international and national legal ratings (The Legal 500 EMEA, Chambers Europe, Best Lawyers, Who is Who Legal, etc).

On February 20, a lecture by VB PARTNERS law firm in cooperation with the European Business Association on the topic of “Changes to the Criminal Procedural Code of Ukraine “Stop Mask Show” was held. The partner of VB PARTNERS, Denys Bugay, commented upon this urgent issue.

The attorney-at-law covered the norms and rules of the last two changes to the CPC, including “Groisman Initiative”, which implement effective tools and significantly reduce the possibility of unlawful actions of law enforcement agencies.

Denys Bugay highlighted several key initiatives, such as:

  1. Obligation of the investigator to record a search operation on video and let the attorney take part in a search. If this rule is not observed all evidence obtained is inadmissible and cannot be used as evidence in court.
  2. Prohibition of unwarranted seizure of information carriers and computer equipment.

The investigator with the court’s permission can only remove the objects: (a) that are needed to conduct an examination, (b) that were the instruments of crime or were criminally obtained (stolen phone or computer, which was used for illegal purposes), (c) access to which is restricted, in particular, by way of password.

  1. Strengthening the requirements for obtaining a search warrant.
  2. Blocking the process of initiating criminal proceedings on the same subject matter by different authorities an infinite number of times.
  3. Possibility to close “formal” criminal proceedings, which “hung” in the register for years and put enormous pressure on business, allowing the possibility to conduct investigative actions at any time.

The event gathered representatives of legal services and their heads from both national enterprises and international companies.

Denys Bugay, attorney-at-law, White-Collar Crime Practitioner, partner of VB PARTNERS law firm, Member of the Working Group on Advocacy Reform in the Council on Judicial Reform under the President of Ukraine, recognized by all key international and national legal ratings (The Legal 500 EMEA, Chambers Europe, Best Lawyers, Who is Who Legal, etc).

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