The security of your business. The issues of legal protection of business in Ukraine. 23 Feb 2017 the Verkhovna Rada rejected the draft law “On amendments to the criminal procedure code of Ukraine regarding certain issues of investigative actions with the purpose of providing additional guarantees of legality in their conduct” (No. 3719 from 24.12.2015 years) , after which law enforcement would not be able to withdraw equipment (servers, computers, etc.) without the consent of the owners.
The adoption of these changes would ease the pressure on entrepreneurs by law enforcement agencies and allow the free development.
The main provisions of the bill established that instead of a temporary exemption of equipment with arrays of data, investigators will only be able to copy this data without a physical seizure of technical equipment.
Besides, it was proposed to set a limit on the rules of conducting a search by security forces, and it would be forbidden: “to use special means to hide their appearance (face masks, balaclavas and the like), as well as display weapons or special funds, except in exceptional cases during a search in criminal proceedings regarding serious or particularly serious crimes.”
But at the same time this bill was proposed and such questionable provisions as conducting a search without the presence of the owners of the premises and established the possibility of carrying out a search under the old rules, as an exception, by the decision of the investigating judge.
Also, according to it experts, to conduct a comprehensive analysis of the information you need to have the original media (servers, computers with hard drives), without which it is impossible to perform the formation of full backups (called ISO images and hard disks).
All of these factors, in Our opinion, have become a major obstacle to the adoption of urgent bills. Unfortunately, together with the legislative shortcomings as the saying goes, “splashed out” and the child in the form of reduced pressure on private companies.
As a consequence, in recent years have affected Internet service providers raises a lot of questions and complaints about the illegitimacy of judicial decisions regarding the procedure for temporary seizure of technical equipment.
I would like to ask our parliamentarians and officials do they understand that the policy of “crackdown” will collapse the business of Internet service providers, as such, and the redistribution of the market, leaving only those companies that will be able to “negotiate” with the security forces?
