Sanctions for wiretapping and search may be issued not only by court, but also by prosecutors

Secretariat of the Council of Ukrainian human rights protecting organizations
The Supreme Rada Committee in charge of the legislative provision of law-enforcement activities recommended to the Supreme Rada to take as a basis the draft of the law about the introduction of changes into Article 8 of the Law of Ukraine «On the ODA», presented by MP O. Peklushenko.

The author of the draft suggests to change the existing procedure of issuing the permissions to law-enforcing organs for secret penetration to dwelling or other property of citizens, collection of information from telecommunication channels, control over citizens’ telegraph and other correspondence, telephone conversations, as well as the application of other technical means for obtaining the information.

According to the operating laws (Article 8 of the Law of Ukraine «On the ODA»), the above-mentioned measures may be taken only after a court decision issued on the application of the head of an investigation sub-unit or his deputy. After getting of such permission or the refusal the above-mentioned persons must inform the prosecutor’s office about the decision during 24 hours.

The draft changes this procedure. It envisages the obligatory agreement with prosecutor’s office about handing the application to court by the head of a corresponding sub-unit or his deputy.

The Committee pointed out that the adoption of the suggested draft would give the opportunity to coordinate the mentioned norms for the correct interpretation in law-applying practices. It is obvious that these changes will also essentially increase the role of local prosecutors and the dependence of investigation sub-units on prosecutor’s offices.

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