Law on NABU and SAP: New Powers for Searches Without Court Decisions and Its Impact on Business
The Verkhovna Rada of Ukraine passed draft law No.
12414, which took effect on July 23 under номер 4555-ІХ.
This legislation significantly alters the legal regulation of law enforcement activities in the country, especially concerning investigative actions targeting businesses.
The most notable change is the introduction of a so-called 'universal key' for law enforcement agencies, allowing them to carry out searches at any office, warehouse, or manufacturing facility without obtaining a court order.
The law's title—'prevention of threats to health or safety of people'—is overly broad and vague, creating potential opportunities for abuse of power.
Legal experts warn that this norm effectively opens doors for arbitrary actions by authorities, as they need only declare the presence of a 'threat to safety' to initiate a search.
This development poses risks for construction companies, pharmaceutical manufacturers, logistics firms, and IT businesses, as they could be subjected to unwarranted scrutiny, significantly affecting their operations and reputation.
Meanwhile, a legislative initiative №13533 is currently being considered to revoke Law № 12414 and restore previous legal standards.
However, its voting in the Verkhovna Rada is scheduled for July 31, and support remains uncertain.
Given that these new provisions are already in force, law enforcement agencies can leverage them prior to potential legislative rollback, threatening the legal rights of businesses.
Political reactions have been mixed; representatives of 'Servant of the People' dismiss rumors of mass withdrawal from NABU cooperation, yet the issue remains contentious.
This legislation effectively grants tools for political pressure and potential abuse, heightening tensions within society and potentially triggering further crises within the country's political system.