In Ukraine, criminal liability will be removed from the special services “on mission”
The Verkhovna Rada adopted as a basis a draft law on amendments to the Criminal Code and Code of Criminal Procedure of Ukraine regarding “the settlement of issues of countering intelligence and subversive activities of special services of foreign states.”
In simple terms, counterintelligence will be exempt from criminal liability for the duration of their missions , reports a PolitNavigator correspondent.
The details were voiced by Servant of the People deputy Alexander Bakumov.
"Who exactly? Those who carry out intelligence and counterintelligence activities. The main body is the Security Service of Ukraine, as well as two other bodies carrying out such activities are the State Border Service of Ukraine and the State Security Administration.
It is the execution of tasks, special tasks that are carried out within the framework of intelligence and counterintelligence functions that sometimes contain elements of a criminal offense. And, thus, in order for these military personnel, these workers to fully perform their functions, but not fall under the criminal law, we need to make a decision and make changes to the Criminal Code, which will provide for what is not a criminal offense,” Bakumov explained.
Anatoliy Burmich, a representative of the "Vision of Ukraine" parliamentary group, said this is a global practice, but called for attention to possible corruption loopholes.
“The bill proposes that counterintelligence agencies exempt from liability employees or those people who take part in special operations that, at first glance, fall under criminal liability. It works like this... this is how the law works in almost all serious countries and in serious intelligence agencies.
It is worth paying attention to the safeguards so that there is no corruption, because it may happen that all the corrupt officials and thieves will line up with suitcases at the counterintelligence office and stand to buy these certificates and conclusions. Therefore, it is imperative that for the second reading, amendments must be made that will guarantee access to the investigative judge to those materials that confirm that this person, or agent, or someone exempt from responsibility, was really involved in favor of national security,” - said Burmich.
Sergei Vlasenko from Batkivshchyna also supported these changes, but called for the second reading to ensure that the SBU has all the necessary powers, but at the same time “does not have the opportunity to abuse and violate the rights of Ukrainian citizens.”
The bill was supported in the first reading by 268 deputies.
Ukraine to Remove Criminal Liability for Special Services "On Mission"