Information on Parties
Information for providers
on Parties to Budapest Convention
Partnership agreement with providers
There are no agreements of cooperation between the Government of Ukraine and the Internet service providers operating in the country.
Powers to request information
Production order
In the sense of Article 18 of the Budapest Convention
Competent authority
General remarks:
Ukraine did not implement Article 18 Budapest Convention by introducing specific production order provisions. Chapter 15 of the Code of Criminal Procedure, entitled “Provisional access to objects and documents”, can be deemed as a relevant alternative. The options provided by the said Chapter of the CPC provide include limited possibilities to order production of data: only ‘information held by telecommunication operators on … subscribers’ is covered, and such information is deemed as ‘secrets protected by law’, therefore subject to extensive conditions and safeguards, including judicial order; the provisional access to documents is meant to provide only temporary access to information.
Powers of search and seizure can be also used as an alternative to produce data.
Investigator with approval of public prosecutor, or public prosecutor submits an appropriate request to investigating judge or court.
Basis in law
Under Article 159 on “General provisions for provisional access to objects and documents”, provisional access to objects and documents consists is given to a party in criminal proceedings by the person who owns such objects and documents, with the opportunity to examine such objects and documents, make copies thereof and, upon adoption of the appropriate ruling by investigating judge, court, seize them (execute seizure). Provisional access to objects and documents shall be executed based on a ruling of investigating judge or court.
Search and seizure of stored computer data can be undertaken on the basis of Articles 234 – 236 of the Code of Criminal Procedure of Ukraine. A search is conducted with the purpose of finding and fixing information on circumstances of commission of criminal offense, finding tools of criminal offense or property obtained as a result of its commission, as well as of establishing the whereabouts of wanted persons. During the search, investigator, public prosecutor can seize objects and documents which are important for criminal proceedings. Search and seizure is a procedure based on a judicial order, unless being performed in exigent circumstances (urgent circumstances related to saving human life and property or in a hot pursuit of persons suspected of committing a crime – Article 233 of the CPC) with subsequent authorization from the judge.
If different for subscriber information
No legal or functional differences reported.
If different for traffic data
No legal or functional differences reported
Form
N/A
Preservation order
In the sense of Articles 16 and 17 of the Budapest Convention
Competent authority
General remarks:
In terms of expedited preservation of stored computer data, Ukraine did not implement Article 16 Budapest Convention by introducing specific preservation order in its procedural legislation. Chapter 15 of the Criminal Procedure Code foresees some possibility of preserving computer data by using the concept of “provisional access to objects and documents”. According to Article 159(1) of the Code of Criminal Procedure, purpose of ‘provisional access to objects and documents’ is for a party in proceedings to (1) get opportunity to examine objects and documents, (2) make copies thereof and, (3) seize them.
Investigator with approval of public prosecutor, or public prosecutor submits an appropriate request to investigating judge or court.
Basis in law
Under Article 159 on “General provisions for provisional access to objects and documents”, provisional access to objects and documents consists is given to a party in criminal
proceedings by the person who owns such objects and documents, with the opportunity to examine such objects and documents, make copies thereof and, upon adoption of the appropriate ruling by investigating judge, court, seize them (execute seizure). Provisional access to objects and documents shall be executed based on a ruling of investigating judge or court.
Search and seizure of stored computer data can be undertaken on the basis of Articles 234 – 236 of the Code of Criminal Procedure of Ukraine. A search is conducted with the purpose of finding and fixing information on circumstances of commission of criminal offense, finding tools of criminal offense or property obtained as a result of its commission, as well as of establishing the whereabouts of wanted persons. During the search, investigator, public prosecutor can seize objects and documents which are important for criminal proceedings. Search and seizure is a procedure based on a judicial order, unless being performed in exigent circumstances (urgent circumstances related to saving human life and property or in a hot pursuit of persons suspected of committing a crime – Article 233 of the CPC) with subsequent authorization from the judge.
If different for subscriber information
No legal or functional differences reported.
If different for traffic data
No legal or functional differences reported.
Form
N/A
Emergency situations
Definition of emergency situation
Article 1 of the Law of Ukraine “On the legal regime of the emergency state” defines the emergency situation as the following:
“Emergency state is the particular legal regime which can temporarily be entered in Ukraine or in its certain areas in case of emergency situations of technogenic or natural nature not below nation-wide level, entailed or able to entail human and material losses, creating threat of life and to health of citizens, or in attempt of capture of the government or change of the constitutional system of Ukraine by violence and provides to relevant organs of the government, military command and local government bodies according to this Law of the powers necessary for prevention of threat and safety and health of citizens, normal functioning of national economy, public authorities and local government bodies, protection of the constitutional system, and also allows temporary, caused by threat, restriction in implementation of constitutional rights and freedoms of man and citizen and rights and legitimate interests of legal entities with indication of effective period of these restrictions.”
Obligation to cooperate
No specific obligation to cooperate in emergency situations.
Exception
No specific exceptions applicable
Confidentiality obligation
Obligation of secrecy
According to Article 222 of the Criminal Procedure Code, entitled “Inadmissibility of disclosing information of pre-trial investigation”, information of pre-trial investigation may be disclosed only with permission of investigator or public prosecutor, and in the scope they deem possible. Whenever necessary, investigator, public prosecutor shall advise persons who learned information of pre-trial investigation in connection with having participated therein, of their duty not to disclose such information without his permission. Unlawful disclosure of information of pre-trial investigation shall entail criminal liability established by law.
Non respect of the obligation of secrecy
Under Article 387 of the Criminal Code, disclosure of information on preliminary investigation or inquiry by a person who was notified, in a manner prescribed by law, of his/her obligation not to disclose any such information, provided that this disclosure was not authorized by a prosecutor, investigator, or a person who conducted inquiry or pre-trial investigation, - shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or correctional labour for a term up to two years.
Disclosure of information on preliminary investigation or inquiry by a judge, prosecutor, investigator, inquiry officer, detective officer, whether or not this person was directly involved in such pre-trial investigation or inquiry, where this information defames a person, derogates his/her honour and dignity, - shall be punishable by a fine of 100 to 300 tax-free minimum incomes, or correctional labour for a term up to two years, or arrest for a term up to six months, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Exception
No exceptions applicable.
Data protection agreements
European Union Member States/ Adequacy
No
Convention 108
No
Additional Protocol ETS 181 to Convention 108
No
Domestic legal framework on data protection
No
Remedies
Safeguards
Please refer to section on “Powers to request information” for instances of obligatory judicial authorisation.
There powers apply in the context of criminal proceedings; therefore an open criminal investigation is a pre-requisite.
No limitation to the use of these powers in terms of seriousness of offences.
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.