12 February 2008, 10:42
The Bill (Reg.No.1092), introduced by the People´s Deputy, Yu. Miroshnychenko, proposes to insert a new provision in Clause 228 of the Procedural Criminal Code of Ukraine, to the effect that a Public Prosecutor will be obliged to check the presence, among the case papers, of a decision on the cancellation of any sequestration of correspondence, or discontinuing interception of communications.
The Bill also proposes to add a new provision to Clause 253 of the said Code, to establish the obligation of the Judge, when preparing a case for Court proceedings, to check for the presence of a report from the Chief Officer of a relevant institution on the cancellation of the sequestration of correspondence or discontinuing interception of communications, together with information on the advisability of removal of the defendant from his/her position.
Having scrutinised this Bill, Committee Members resolved to reject it, since Part 9 of Clause 187 of the Code at issue envisages that the sequestration of correspondence is cancelled, and interception of communications is discontinued upon termination of the period, defined for the said investigative actions in a Judge´s ruling. Also, a case investigator can take a decision to cancel the correspondence sequestration, and cease interception of communications, when these measures no longer are required, or when the criminal case is closed or passed on to a Public Prosecutor.
As regards the resolution by a Judge on the advisability as to removal of the defendant from his/her position, this provision is somewhat dubious, the People´s Deputies noted.