Poroshenko vetoes private eye bill
Ukrainian President Petro Poroshenko has vetoed the law "On Private Detective (Search Activity)" (No. 3726), which allows the provision of private detective services, according to the Verkhovna Rada website.
"The bill has been returned with the president's proposals. It has been submitted to the profile committee," the report says.
"According to the bill to be signed into law, the list of permitted types of private detective services is formed without taking into account the requirements of a number of legislative acts of Ukraine," the President said in his proposals to the bill.
The president notes that the bills allows private detectives to collect, record and research the information necessary for consideration of cases, in particular, in criminal proceedings, as well as find evidence that may be the ground for their clients to apply to law enforcement agencies or file a suit in court to protect their legitimate rights and interests (Part 3.1, 3.7 Article 12).
Read alsoRada Speaker says Ombudsman vote postponed"In the absence of a clear specification in the law of information or data that can be collected, recorded and investigated by the subjects of private detective (search) activities, in fact this makes it possible for such entities to collect evidence for probing cases in criminal proceedings. Such an approach contradicts the norms of the Criminal Procedure Code of Ukraine," the president notes.
In addition, Poroshenko believes that granting to private detective activities the right to carry out outdoor surveillance in open areas, public places and on transport (Part 1.7 Article 13) does not correspond to the ban by the same law of operational-search [undercover, concealed] activities (Part 4 Article 4), and also contradicts Article 5 of the Law of Ukraine " On Operative-Search Activity", which determines an exhaustive list of entities authorized to carry out such operational-search activity.
The president proposed the MPs to harmonize the bill's provisions with the basic legislation in the field in question.