Head of business security practice at Juscutum law firm Oleksandr Horobets supported the adopted amendments to the CPC regarding NABU and SAP.
“Instead of political manipulation – legal clarity. Bill No. 12414 for the first time clearly establishes the boundaries of authority and raises the standards of human rights protection,” he said in a comment transmitted to the Interfax-Ukraine news agency on Wednesday.
In his opinion, in the framework of expanding the powers of the Prosecutor General, the law returns the situation to the legal field, because the expansion of the competence of the SAP from January 1, 2024, according to the law №3509-IX, contradicted the norm of the Constitution that the powers of the Prosecutor General can not be transferred to another prosecutor.
“A significant achievement of the draft law is the elimination of the destructive practice of conducting searches without court orders. The draft clearly limits this right exclusively to cases where there is an urgent need to save a person’s life, health, sexual freedom, safety or to preserve evidence of these crimes. This approach is worthy of the highest praise, because it is a direct step towards strengthening the guarantees of protection of the rights and freedoms of Ukrainian citizens from unjustified interference in private life”, – the head of Juscutum’s business security practice is of the opposite opinion to the UBA.
He added that the adopted law also provides a number of additional guarantees for the participants of the proceedings, in particular, the request to extend the pre-trial investigation up to 12 months must now be coordinated personally by the Prosecutor General, and his deputies will not have such a right.
Horobets believes that the adopted law leaves a wide range of legal opportunities for this NABU to work in a civilized and productive manner, and reminds that the expansion of powers of the SAP occurred only from January 1, 2024, and before that this body also worked effectively.
The lawyer also noted that the changes made concern all law enforcement agencies and structures, not only anti-corruption, so we should not talk about selective intervention.
“Bill No. 12414 is not a threat, but an important step towards a more efficient, constitutional and human rights-based justice system in Ukraine. It is designed to eliminate imbalances, strengthen guarantees of citizens’ rights and make the work of law enforcement agencies more transparent and responsible,” summarized the head of Juscutum’s business security practice.
