All the deputies who were present at the session voted for this draft law adoption in the first reading.
287 deputies of the Verkhovna Rada of Ukraine voted today for the draft law No. 3719 that prohibits to seize companies’ servers by the investigation authorities during searches.
The adoption of this draft law will solve several problems that were previously met by various IT-companies:
- conducting searches, as well as equipment seizure without a significant reasons;
- number of seized property was not consistent with the purpose of search and investigation needs;
- the use of special equipment by internal affairs officers (mask or balaclava);
- lawyers could not be present during the search.
Thus, according to the provisions of the draft law No. 3719 the following amendments will be made:
- searches will be conducted only in case if the necessary information cannot be obtained in any other way;
- the investigating authorities will be empowered only to copy the information available on the servers or office equipment but not to seize them;
- special divisions will be involved only on the basis of the investigating judge’s decision and in case of a grave or especially grave crime;
- lawyers would be allowed to the place of the searches conducting;
- the reason and the need to conduct the search, as well as the description of searched objects or persons must be justified in the court request.
As a reminder, during the last year there have been conducted a number of searches in different companies that took place with the flagrant violations. Thus, in September 2015 the work of the Divan.TV paid service was blocked for some time that resulted in considerable losses. Also, the law authorities illegally seized servers and equipment. However, soon the company managed to return its office equipment and server hardware via court.
Later, in December 2015, Dnepropetrovsk office of Datagroup telecommunications operator was also visited by the investigating authorities, who searched for IP-addresses of the resource that was broadcasting pirated content. At this time, the servers were not touched, only computer equipment was seized. However, the company’s ex-employee filmed on video when law enforcement officers tried to take away workers’ personal mobile phones.
Next big example is the search in the house of Vadim Sidorenko, the co-owner and head of the Unicast Invest company (Triolan group). Not having found any seals or documents, the tax police officers wanted to take away the searched’s personal money. After the safe was closed by the house owner, the tax police officers took it away with money inside. They also seized several laptops and a tablet. As Vadim Sidorenko told later, a search in his house was conducted with the purpose to find the stolen TVs.
