On November 29, 2018 in Kyiv, INTEGRITES, together with the American Chamber of Commerce in Ukraine, held a seminar “The Law “Mask Show Stop 2: Myths and Reality.” During the event, the speakers analysed the main novelties of the Law and provided practical business advice on the protection of rights during the investigation, in accordance with the rules established by the new Law.
Volodymyr Rudnychenko, Counsel, Head of White-Collar Crime practice, INTEGRITES, told about the key changes introduced by the Law and their expected consequences. Oleksandr Onishchenko, Partner, Head of Domestic Litigation practice, INTEGRITES, focused on the reimbursement of losses caused by actions / inactivity of law enforcement agencies.
Participants found out that The Law empowers companies that have suffered from unlawful actions to contact an investigator with a petition for investigation. The main novelty of the Law is the new order of compensation for losses incurred by law enforcement agencies. From now on, if the fact of unreasonable arrests or illegal searches is recognized, the state has the right to compensate the harm at the expense of law enforcement officers without proving their guilt. It is expected that this change will help to avoid situations of pressure on business and carrying out unreasonable investigative actions.
“There is some guarantee of success in reimbursing the damage caused by acts or inactivity of law enforcement agencies, — mentioned Olexandr Onishchenko. — It can be fixation of violations by law enforcement officers, documenting the negative consequences, defining the defendant and the legal basis, and applying judicial practice”.
Representative of the General Prosecutor’s Office of Ukraine Andriy Shevchenko answered the questions of the participants and provided his expert comments on certain novelties of the Law.
At the end of the seminar, the participants exchanged experience in protecting business in similar litigation cases and received advice and recommendations from the speakers.