Chairman of the Verkhovna Rada of Ukraine
to Mr. Stefanchuk R.O.
Heads of the Committee of the Verkhovna Rada of Ukraine on Law Enforcement Activities
to Mr. Ionushas S.K.
Heads of the Committee on Finance of the Verkhovna Rada of Ukraine,
tax and customs policy
Mr. Getmantsev D.O.
To the First Deputy Chairman of the Committee of the Verkhovna Rada of Ukraine
on finance, tax and customs policy
Mr. Zheleznyak Ya.I.
People's deputy of the Verkhovna Rada of Ukraine
Heads of TSC on the protection of investors' rights
Ms. Yanchenko G.I.
Prosecutor General
to Mr. Kostin A.E.
It is being processed in the Verkhovna Rada of Ukraine draft Law of Ukraine No. 10440 dated 29.01.2024 "On making changes to Criminal Procedure Code of Ukraine and other legislative acts regarding improving the work of the Bureau of Economic Security of Ukraine".
Among the predictions of adoption and implementation of this project, the improvement of the legal basis of the BEB activity was announced, ensuring guarantees of compliance with the rights of legal entities during the execution of decisions investigating judge, court on temporary access to things and documents and on search other ownership of the subject of entrepreneurial activity, etc.
Specialists of business associations, without being indifferent, and while waiting for real changes to be made to current legislation, which will guarantee business protection from pressure law enforcement officers and illegal interference in economic activity – in detail analyzed this draft law and prepared a number of proposals, which are required to take into account when finalizing it.
Given the difficult situation, when trust business to law enforcement agencies needs to be restored – it is extremely important to make changes to the CCP of Ukraine, which will contribute to the restoration of business confidence in law enforcement agencies. Moreover, this step will be effective along with by restarting the Bureau of Economic Security (draft law No. 10439 of Business is being prepared for the second reading).
Changes are desperately needed, worked up specialists of leading business associations, which are important to implement and implement soon:
Predict, that of criminal offenses, under investigation by the National Police and BEB, cannot be provided assignment by the operational officer of the SBU.
Any actions or omissions, and decision of the investigator, inquirer, prosecutor, accepted for any procedural action can be appealed to the investigating judge.
Predict, that the prosecutor has after receiving court decision, according to which it is necessary to return the temporarily withdrawn property, duty appears during 24 hours to give an instruction to the investigator regarding immediate return of such property and 72 hours to return such property, the body that removed it.
Enter the term of validity of the decision of the investigating judge on seizure of property. With a float 60 days, if the seizure is imposed on the property of a third party (natural or legal person), at the same time, if such a person, the founder or the employee of such a legal entity did not acquire the status of a suspect, the court must cancel the arrest at the request of such a person, if the prosecutor does not prove the necessity further seizure of such property.
Introduce the concept of critical property (means of labor, which is a component of economic activity) and set exceptions grounds for its removal
Predict, that failure to notify the owner of property on the consideration of a request for seizure of property is an obstacle in the consideration of such request.
Give the investigator the right to cancel as well to arrest – by closing criminal proceedings, in agreement with the prosecutor.
Install, that the maximum amount of the deposit cannot exceed the minimum amount of incriminated damages, confirmed expert opinion, also remove exceptional cases for assignment pledge, which exceeds the dimensions established by the code.
To place the duty on investigative judges checking compliance by the pre-trial investigation body with the requirements of the investigation, at consideration of submitted petitions.
Predict, that violation of jurisdiction criminal proceedings, illegal change of criminal liability proceedings – can be appealed to a higher-level prosecutor, and the refusal of the satisfaction of such a complaint may be appealed to the court.
Predict, that the person in whom it was held search – must get the right to get acquainted with the materials that the prosecutor, investigator substantiated the arguments of the petition. The right of cancellation is supposed to be granted search warrants. The evidence received on the annulled decision will not be considered evidence.
Prohibit seizure of things and documents, which are not specified in the decision of the investigating judge.
Establish specific terms of pre-trial detention investigation and the procedure for their continuation in actual criminal proceedings, excluding crimes, assigned to the jurisdiction of NABU and DBR (for them the current version of the CCP remains). It is also proposed to settle issues regarding terms in criminal proceedings that fell on martial law (30 months for investigation + they have all the terms they have left before military service can be used by addition 30 months) with the right to continue such terms of investigative judges.
Enter an injunction against the prosecution to carry out examinations in bodies subordinate to such a party, in order to prevent monopoly on conducting examinations and its abuse. Such a monopoly leads before, that a law enforcement agency (for example, SBU, National Police) violates criminal proceedings in their own NDEKTS of the Ministry of Internal Affairs or ISTE of the SBU appoint and conducts examinations to confirm its position as a party to the prosecution. This monopoly leads to bias in the implementation of criminal proceedings.
Predict, that the investigating judge, court – they can issue a separate resolution, якою визнати порушення строків повернення вилученого майна та направити її до дисциплінарного органу, or to resolve the issue of registration of criminal proceedings with the relevant authorities.
We emphasize, without making changes, what will make the BEB the only body for investigating economic and other crimes fundamental changes in the Communist Party of Ukraine, specified in the application – not possible solve the problem of pressure on business.
We call on people's deputies to hold
discussion of proposals developed by the business and to finalize project No. 10440 to
first reading, включивши у нього запропоновані представниками бізнесу норми.
Sincerely,
Бізнес-асоціації:
Торгово промислова палата
Асоціація платників податків України
Європейська Бізнес Асоціація
Асоціація підприємців-ветеранів
Всеукраїнська Аграрна Рада
Асоціація приватних роботодавців
Асоціація правників України
Бізнес-спільнота Board
Бізнес-спільнота CLUB100
Нафтогазова асоціація України
Kharkiv IT Cluster
Асоціація Борошномели України
Всеукраїнська професійна асоціація підприємців
Асоціація Software Ukraine
Association Ukrkondprom
Український клуб аграрного бізнесу
Українська Федерація Індустрії Безпеки
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