Today, on November 16, the Verkhovna Rada of Ukraine adopted the Law "On Amendments to Some Legislative Acts to Ensure Compliance of the Rights of Participants in Criminal Proceedings and Other Persons with Law Enforcement Agencies in the Conduct of Pre-Trial Investigation," InternetUA reports..
The government bill No. 7275, which declared the protection of business from the arbitrariness of the siloviki, in the part of countering the groundless seizures of computer equipment directly opposite to the declared goal, as stated by the profile organizations and was explicitly stated at the meeting with the initiator of the bill, Vladimir Groisman.
The adopted law prohibits the temporary withdrawal of electronic information systems, except for cases when their provision, together with the information that they contain, is a prerequisite for an expert study. However, there are no other formal reasons for seizing servers than conducting a survey. In addition, the copying of information, which in the current legislation is the main means of extracting electronic evidence, is now proposed to be implemented "if necessary".
- The initiators of the draft law proposed in part two of Article 168 of the Code of Criminal Procedure of Ukraine to abolish the ban on temporary seizure of electronic information systems in cases where this is a necessary condition for carrying out expert research and in the presence of a number of other conditions. At the same time, copying information contrary to art.. 159 it is proposed to implement only if necessary. Note that the need for an expert study from the point of view of law enforcement officers is present in 100% of the seizures. Thus, it is actually about the cancellation of any reservations to law enforcement agencies on the seizure of electronic information systems or parts thereof, - the Internet Association of Ukraine regarding the PO 7275.
As noted in the speech at the meeting with the Prime Minister, the Chairman of the Board of InAU Alexander Fedienko, the actions to seize electronic information systems are an element of business destruction in the state - equipment for examination remains years due to a shortage of equipment and specialists, which leads to the technical destruction of sites and The need for businesses to transfer their electronic systems to other countries.