In a bid toreduce pressureon the businesscommunity, the Ukrainian Prosecutor General Yuriy Lutsenko in the presence of heads of structural subdivisions of the General Prosecutor’s Office, Business Ombudsmen Algirdas Šemeta, and business associations signed a letter 5 October prohibiting rights violations of businesses in the course of investigative actions (the “Letter”).
The letter was prepared based on the results of a meeting held on 14 September 2017 between the President of Ukraine and representatives of business in connection with reports of increasing unjustified acts of pressure during judicially sanctioned searches.
In accordance with the internal procedure established by the letter, theProsecutor General has obligated his subordinates to take additional action to get approval from chiefs of law enforcement authorities for proceduresin particular investigations that potentially may limit therights and interests of business entities. The below requirements will apply to such investigations:
It is important to point out that, given the legal nature of the letter, it is more advisory than binding. It is unclear so far how it will actually be applied. However, the approved procedure is expected to become an efficient instrument in the fight against the infringement of therights of businesses during searches and other investigative actions.