Ukrainian system of criminal investigation in the action
Date: April 03, 2004Source: Computer Crime Research Center
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March 26, the Verkhovna Rada registered a draft #4042-1 "On Monitoring of Telecommunications". Valeri Lebedinskiy, people's deputy, member of the Committee of European Integration, took the lead in this legislative initiative.
This draft introduces a concept of "telecommunication interception", a time limited act of obtaining only determined information on certain persons. Also it proposes to create a system of automated remote interception of telecommunication. It will be a protected network of special designation, a Forum reporter says.
At this, technical devices of interception are connected to a network (to be installed directly in the networks of telecommunication providers), permissible terminals (to be installed in judicial bodies, giving permissions to intercept), operative terminals (to be installed in investigative units of law enforcement bodies) and logging terminals (to be installed in the office of the authorized by the Verkhovna Rada person, ombudsman).
This law also stipulates that all these facilities are to be installed at the cost of the state budget.
According to this draft the term of interception should not exceed two months (for comparison: in France - 4 months, Germany - 3 months, Finland and Sweden - 1 month). The interception should be applied to individuals only if they are suspected of committing or organizing weighty crimes or felonies.
This draft also stipulates for notification of a person to whom the interception was applied. He should know the terms of the interception, contents of the intercepted information.
Draft developers think that exactly such order of information interception in telecommunication systems will allow special services to efficiently fulfil their functions and will give, at that, "adequate and objective guarantee against abuse", and also it does not violate human rights and does not contradict European laws.
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