BRIBING THE SPECIAL FORCES: POLYAKOV’S TRIBUTE TO THE MOTHERLAND’S CUSTOMS

Статьи

United States criminal codex explicitly forbids bribing as a tool of influence making no distinction between the ‘good bribes’ and ‘bad bribes’. Max Polyakov, newly baked citizen of US, should know it. But bribing authorities in third world countries is so convenient that he can’t withstand the temptation to use it. There is an article about it on the IndustrieNews.

Security Service of Ukraine (SSU) is investigating legality of the work of IT companies and enjoy large scale freedom in choosing the instruments of such inquiries. Since early 2010 there have been dozens of searches, hundreds of confiscated items of equipment, millions in losses for the industry in Ukraine. Many companies, among of which are Adamant, Lucky Labs, KM Core, and V.O.K.S., have suffered from increased attention of the security forces. What are the real motives of the searches? Why has countering crime in the industry has been named the ‘IT-genocide’ in Ukraine?

In May 2016 the French tax authorities and the team investigating serious financial crimes came with a search warrant to the Paris office of Google Corporation. The reason was that local authorities failed to receive about $1.6 billion in taxes due to alleged use of “aggressive methods of tax optimization”. IT-giants like Apple, Yahoo, Microsoft, Amazon also use similar methods of tax planning. In line with these events European Commission adopted a draft directive on tax evasion on June 21, 2016. The regulation deemed to significantly limit possibilities of using such practices by the IT-companies.

While EU authorities work to bring IT business giants in line with traditionally egalitarian view of social security and tax duties, some countries still experience weak rule of law and insecurity for the business.

Ukrainian security forces fight against economic crimes through searches without making appropriate amendments to the national legislation on criminal procedure. Since 2010 Security Service of Ukraine has launched a large investigation program towards big IT-companies, which were suspected in tax evasion and other crimes. While some cases proved to be justified, transparent IT business was also targeted, while not having any instruments of protection at the legislative level. According to the estimates of the IT Ukraine, losses from such searches estimated to about $10-20 million.

The Ukrainian Parliament has recently adopted draft law №1580 on deregulation of business. Draft Law makes changes to the Criminal Procedural Code of Ukraine in terms of such investigative actions as a ‘search‘. From the date this law will come into force, it is impossible for the law enforcement authorities to pressure IT-business any more.

MP Vladislav Golub commented on the law: “As recent events have shown, unfortunately, our law enforcement agencies sometimes abuse the right for a search and thereby stop the operation of companies. On the other hand, we are squeezing this sector of the economy of Ukraine, and IT-industry is looking for another jurisdiction where the comfort zone for them is profitable”.

This law will concern not only IT-industry, but will cover a wider sphere. For example, it will not be allowed to confiscate the servers in the IT-companies and other companies using electronic information systems. The search itself, as well as the temporary confiscation, will be only possible when a device of an electronic information system is the subject of committing a crime. However, it would be logical to assume that there should be a direct evidence first in order to make such accusations.

Moreover, the law will forbid using special forces such as Alfa for the search, which was often practiced before. Now it will be possible to use special forces only in case of serious or particularly serious crime, rather than in the case of speculation about tax evasion, financing of terrorism or other false accusations. The law also provides a lawyer present during the search, rather than after its completion as it is happening now.

According to the honored lawyer of Ukraine and expert of the Venice Commission Maryna Stavniychuk, the draft law on the special confiscation in the current edition is aimed at taking away and redistribution of property and has no right to exist.

The 20th of September was declared ‘a day of IT in Parliament’ in 2016. Verkhovna Rada of Ukraine held a meeting devoted to information and communication technologies. While thr MPs supported four of the five relevant laws considered, Security Service made more than 10 raids in Kiev IT-companies, including office of internet provider V.O.K.S.

Indeed, the adoption of new laws regulating the activities of IT companies, gives hope to improve prospects for the industry in the Ukrainian legal field. However, it is till unclear whether representatives of the executive authorities will adhere strictly to these standards.

Автор: Иван Бесценный, The Ukrainian Parliament has recently adopted draft law №1580 on deregulation of business. Draft Law makes changes to the Criminal Procedural Code of Ukraine in terms of such investigative actions as a ‘search‘. From the date this law will come into force, it is impossible for the law enforcement authorities to pressure IT-business any more.

MP Vladislav Golub commented on the law: “As recent events have shown, unfortunately, our law enforcement agencies sometimes abuse the right for a search and thereby stop the operation of companies. On the other hand, we are squeezing this sector of the economy of Ukraine, and IT-industry is looking for another jurisdiction where the comfort zone for them is profitable”.

This law will concern not only IT-industry, but will cover a wider sphere. For example, it will not be allowed to confiscate the servers in the IT-companies and other companies using electronic information systems. The search itself, as well as the temporary confiscation, will be only possible when a device of an electronic information system is the subject of committing a crime. However, it would be logical to assume that there should be a direct evidence first in order to make such accusations.

Moreover, the law will forbid using special forces such as Alfa for the search, which was often practiced before. Now it will be possible to use special forces only in case of serious or particularly serious crime, rather than in the case of speculation about tax evasion, financing of terrorism or other false accusations. The law also provides a lawyer present during the search, rather than after its completion as it is happening now.

According to the honored lawyer of Ukraine and expert of the Venice Commission Maryna Stavniychuk, the draft law on the special confiscation in the current edition is aimed at taking away and redistribution of property and has no right to exist.

The 20th of September was declared ‘a day of IT in Parliament’ in 2016. Verkhovna Rada of Ukraine held a meeting devoted to information and communication technologies. While thr MPs supported four of the five relevant laws considered, Security Service made more than 10 raids in Kiev IT-companies, including office of internet provider V.O.K.S.

Indeed, the adoption of new laws regulating the activities of IT companies, gives hope to improve prospects for the industry in the Ukrainian legal field. However, it is till unclear whether representatives of the executive authorities will adhere strictly to these standards.

Автор: Иван Бесценный, ustav.press

Добавить комментарий

Ваш e-mail не будет опубликован. Обязательные поля помечены *