Ukraine

The NSDC’s moratorium on blocking business has expired: what’s next

On April 23, the moratorium imposed by the National Security and Defense Council (NSDC) on the actions of law enforcement officers that could harm business operations expired.

About this informs website Judicial and Legal Publication.

Law enforcement officers can again conduct searches, detain people, block accounts, if this does not harm the work of enterprises. By April 23, they were supposed to conduct an audit of previously taken measures and determine whether it is appropriate to continue to apply them. Currently, the results of such an audit have not been made public. In particular, on January 23, 2024, President Volodymyr Zelenskyy by his Decree No. 21/2024 put into effect the decision of the NSDC “On urgent measures to ensure economic security during the period of the legal regime of martial law”.

NSDC recommended:

  • The Office of the General Prosecutor’s Office, the State Bureau of Investigation, the National Police, the Bureau of Economic Security and the Security Service of Ukraine to conduct an audit of restrictive measures taken against business entities in criminal proceedings and to determine the feasibility of their further application.
  • Refrain within 3 months from conducting procedural actions in criminal proceedings, if such application can block the entrepreneurial activity of economic entities.

The Cabinet of Ministers of Ukraine was instructed to:

  • Submit to the Verkhovna Rada of Ukraine draft laws on amendments to a number of laws in order to strengthen the mechanisms of the BEB’s functioning, as well as to establish additional guarantees for the protection of the legitimate interests of entrepreneurship during criminal proceedings.
  • Conduct an audit of the risk monitoring system and criteria for blocking tax invoices and the procedures and criteria for their unblocking.
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The Office of the Prosecutor General, together with the Security Service of Ukraine, the Security Service of Ukraine, and the Security Service of Ukraine, was recommended to:

  • Immediately conduct an audit of registered criminal proceedings, in which investigations are carried out regarding criminal offenses affecting the functioning of the state’s economy.
  • According to the results of the audit, develop effective mechanisms for ensuring the protection of entrepreneurship against possible abuses by law enforcement agencies.

The Prosecutor General’s Office, together with the Ministry of Digital Transformation of Ukraine and the Ministry of Justice of Ukraine, was recommended: to ensure the development of an analytical module for the Unified Register of Pre-Trial Investigations with the possibility of public access to analytical generalized data on the activities of law enforcement agencies and a module for submitting online complaints from entrepreneurs. Make appropriate changes to the normative legal acts that ensure the functioning of the Unified Register of Pretrial Investigations.

 

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