Eurosolidarity has submitted a bill that significantly restricts extrajudicial searches: only in cases of particularly serious crimes or corruption

 
Members of parliament from the European Solidarity faction have submitted a bill that would significantly restrict the rights of law enforcement agencies to conduct extrajudicial searches of businesses and private residences. As the co-chair of the faction, Artur Gerasimov, noted at a briefing, this bill is an important systemic element in ending pressure on business. He called on his colleagues from other factions to sign the bill, submit it to the relevant committee for consideration as soon as possible, and put it to 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 as a matter of priority at the next meeting,’ Gerasimov said.
 
In particular, the bill 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 in which only an investigator or prosecutor may enter the premises of citizens and company offices without a court order. 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 immediate prosecution of persons suspected of committing crimes under Articles 115-118, 121, 127, 146, 147, 149, 152, 153, 155, 156-1, 258, 258-1 and 259. Why is this important? Because it concerns murder, grievous bodily harm, rape and everything related to it," Gerasimov said.
"Understanding that the fight against corruption is the number one priority in Ukraine today after our struggle on the front lines, we specifically stipulate that representatives of the NABU also have the right to conduct searches and enter premises and offices without a court order under Articles 368 and 369 of the Criminal Code. This applies to bribery. This is important because we believe that the fight against corruption must be intensified," emphasised the co-chair of the EU faction.
‘And the third element in this bill. There are already specific decisions of the ECHR regarding Ukrainian ’lawlessness." Therefore, our bill clearly states that if such a search was conducted without a court order, it must be legalised within 48 hours in an open court session in the presence of the victim and their lawyer. At this hearing, the prosecutor or investigator is obliged to prove the relevance of each piece of evidence seized to the specific case. Why is this important? Because they write anything, come in, take money, valuables, equipment — everything. It has nothing to do with the case, but they take it anyway. And then — no responsibility. Now, the investigator will be obliged to prove why certain evidence was seized," explains Gerasimov.
It is also proposed to introduce liability for judges so that they do not make formal decisions, but carefully analyse the grounds for such searches. And the decision of the court of first instance can be appealed.
 
As MP Nina Yuzhanina pointed out, despite numerous promises from the authorities to support business, moratoriums on inspections and other high-profile initiatives, the situation with pressure on entrepreneurs is not improving.
"Criminal proceedings, which after the last wave of business outrage are on the table or in the closet, are being taken up again and are unfinished, not brought to a logical conclusion. That is, business is kept in this situation all the time. Instead of being able to work, entrepreneurs have to look back and wonder what will happen to them next. Regarding the unfounded searches of entrepreneurs and the seizure of property. To date, the property has not been returned, the equipment has not been returned. What will happen next with these criminal cases? Perhaps, if the NSDC's decision is implemented and such an analysis is carried out, we will find out later," Yuzhanina notes. According to her, ensuring legality during extrajudicial searches in citizens' homes is also a major problem.
"No moratoriums on inspections will solve the problem. Only such systemic measures as we have now proposed in this draft law. Because adversarial proceedings, the presentation of evidence even after searches have been conducted, and court hearings to legalise them give both businesses and citizens the opportunity to defend themselves. Transparency and openness are essential in a democratic state. Moreover, the draft law is actually based exclusively on the experience and decisions of the ECHR, which are recommended to Ukraine," emphasised Nina Yuzhanina.
‘I hope that there will be no objections from law enforcement agencies. This is a procedure that will raise the status of law enforcement agencies themselves and allow businesses and citizens to prove their point of view and their rightness in court. This is how work should be organised in democratic countries,’ Nina Yuzhanina concluded.