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Protection of entrepreneurs

During search:

- Video fixation is obligatory (starting from 01 January 2019); 
- Video record is annexed to search protocol; 
- In case of absence of video record, revealed circumstances could not be used as evidence in court; 
- Advocates could record video of search by themselves.

Your rights: 
- to advocate (legal aid); 
- to closed trial; 
- to apply for abidance of reasonable time of proceeding; 
- to appeal terms’ violation.

Obligations of law enforcement bodies:

- to issue extract from state register of investigations concerning person’s application; 
- to put data into state register of investigation no later than 24 hours after application; commence investigation without delay;
- to ground seizure of original documents or their copies; 
- to involve specialist for making copies.

Representatives of law enforcement bodies are not allowed:  
- to seize computer, servers, and mobile phones during searches;
- to commence new proceeding if the same one was commenced before.

Closure of criminal procedure is obligatory in case there is order on closure of proceeding concerning the same action on the ground of:

  • absence of the event of crime;
  • absence of crime;
  • quashed criminal responsibility for this act;
  • tax compromise concerning tax commitments.


What should you do during search? 
- check documents authorizing law enforcement officer;

- find out search reason/ground (relevant court decision); 
- check information about witnesses to the search (names, places of residence etc.); 
- involve advocate; 
- fix officers’ actions on video camera, dictaphone.

Vote summary: 3255