Letter following the start of the search: the SBI notified authorities of the investigative action «in advance»

An investigator from the State Bureau of Investigations notified the bar association «in advance» of a search at an advocate’s residence six minutes after the time specified in the notice for the search.

A screenshot of the relevant notice from the SBI investigator regarding the search of the advocate’s residence was published by Bogdan Kushnir, a member of the Committee for the protection of advocates’ rights and guarantees of legal practice of the UNBA.

The document shows that the investigator, citing Part 2 of Article 23 of the Law «On the advocacy and legal practice», notifies of a search to be conducted at the advocate’s apartment, scheduled to begin on April 14 at 6:30 a.m., and requests the presence of a representative of the bar association during the investigative action. At the same time, the letter itself, as evidenced by the email client’s technical data, was sent at 6:36 a.m., that is, after the scheduled start time of the investigative action.

As a reminder, Article 23 of the Law «On the advocacy and legal practice» establishes guarantees for the practice of law. One such guarantee concerns the specific procedures for conducting certain investigative actions. Thus, pursuant to Part 2 of this article, during a search or inspection of an advocate’s residence, other property, or premises where they practice law, or during temporary access to the advocate’s belongings and documents, a representative of the regional bar association must be present.

To ensure this participation, the official who will conduct the relevant investigative action or apply a measure to secure criminal proceedings shall notify the regional bar association in advance at the location where such procedural action is to be conducted.

To ensure compliance with the requirements of this Law regarding advocate-client privilege during the conduct of the aforementioned procedural actions, the representative of the regional bar association is granted the right to ask questions, submit comments, and raise objections regarding the procedure for conducting the procedural actions, which shall be recorded in the minutes.

There is a single exception to this rule: the failure of a representative of the regional bar association to appear, provided that the regional bar association was notified in advance. In such a case, there are no obstacles to conducting the procedural action.

«Such an attitude on the part of law enforcement officials cannot be viewed as a technical glitch, since this concerns the observance of guarantees for the practice of law, - B. Kushnir is convinced. - And this guarantee lies not in the mere act of sending a letter, but in advance notice. It is precisely this that makes it possible to uphold the principles upon which our profession is founded. When a notice is sent after the specified start time of the investigative action, it calls into question compliance with the law and turns the relevant procedure into a formality».