The GPU adopted the new “rules” of the search business

В ГПУ утвердили новые "правила" обыска бизнеса

Lutsenko signed a new “rules”

Yuriy Lutsenko signed a letter-orientation.

Prosecutor General Yury Lutsenko was signed today, October 5, a letter-orientation to prevent violations of the rights of economic entities. This was reported on the official website of the Prosecutor General.

The document provides for additional coordination efforts to conduct separate investigatory and procedural actions that limit the rights and interests of business entities of the private sector.

The new rules are as follows:

1) to coordinate the motions of the investigators about obtaining the court’s permission to conduct a search procedure managers to find out the need for the involvement of special units to conduct the investigative procedure and if there is a need to coordinate with the heads of regional Prosecutor’s offices.

The involvement of special units to ensure the searches are permitted in criminal proceedings concerning grave and particularly grave crimes and in case of existing physical resistance to the conduct of investigative (search) actions or otherwise preventing the vote. About the involvement of special units of the heads of regional Prosecutor’s offices to promptly inform the General Prosecutor or his deputies in accordance with the established direction;

2) to ensure adequate implementation of the provisions of the criminal procedure code of Ukraine in the implementation searches through the obligatory fixing of their conduct by means of video;

3) when conducting searches to ensure unconditional admission of lawyers to the conduct of the investigative procedure in case of involvement of stakeholders, including in the case when the lawyer arrives at the venue of the action after it has started;

4) following the requirements of the criminal procedural legislation regarding the presentation of the resolution on consent and giving copies of it to start conducting this investigative action after refusing to voluntarily surrender the items or documents specified in the court decision;

5) temporary seizure of computer equipment, its parts, mobile communication devices, other devices and media for storage and processing of electronic information is carried out only in cases where their provision (and the information) is a necessary condition for the expert study, or has information that such objects obtained through the Commission of a criminal offence or is the means or instrument of the crime. If necessary, the investigator or Prosecutor, with the participation of a specialist copies of information contained on these storage devices and their systems;

6) to provide high-quality processing of applications for investigators on the conduct of the temporary access to things and documents and searches to prevent distortions in data, and proper accounting of temporarily seized property. After making a final procedural decision in the criminal proceedings without delay to solve the issue of mandatory return of temporarily seized property, primarily documents.

We will remind, the General Prosecutor’s office investigators and the security Service of Ukraine today, October 5, carry out searches in office offices of employees of Department of municipal property of the Odessa city Council.

 

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