In 2015 the searches in the IT-companies were carried out quite often. The companies all over Ukraine and in particular in Kharkiv, both small companies and major players of outsource got a scolding. The authorities officially “expressed disquiet”, IT-community was seeking a solution of this problem. It didn’t help even a law prohibiting seizing the servers unless there is a direct indication of the court.
Recently in the Verkhovna Rada introduced a bill, the rules of which prohibit completely the temporary seizing of technical equipment and the use of special forces and special means without direct court order. So if the bill will be passed, there won’t be any special forces in masks that burst into IT-companies.
The bill under the number 3719 was registered in Parliament on December 24. Among the authors – Alexander Danchenko, former head of “Datagroup” where recently was also conducted a search, and the Advisor to the Minister of Internal Affairs Anton Gerashchenko. The text of the bill wasn’t posted on the website of the Parliament yet. But it’s known that lawyers from “Yuskutum” and experts from EasyBusiness helped to prepare it.
The key provisions of the bill described on Facebook Yanika Merilo. According to her, the bill should “significantly enhance the security of business from lawlessness of “police”.
According to Yanika, its provisions prescribe:
- prohibit the temporary seizing of equipment (only copy data);
- permit to use special forces and special means only in case of direct indication of the court and only for serious or very serious offenses;
- access for a lawyer to search process at any stage;
- allow a search only if it’s not possible to obtain information in other ways;
- introduce a mandatory argument in the intercession about the need of search, a detailed description of objects and persons who are planned to be found during a search.
