The International Advisory Group (ICG), created by the United States, the European Union and NATO, has published a positive opinion on the latest version of the draft law on the Security Service of Ukraine.
As reported by Censor.NET.
The working group, first of all, stressed general support for the final version of the draft, noting that "this draft law can serve as a solid basis for a fundamental reform of the SBU in accordance with European and Euro-Atlantic principles and best practices."
However, the broad positive conclusion of the ICG contains one remark: Western experts strongly recommend that Ukraine change the current wording of Article 8-2 of the law "On counterintelligence activities" (this law is also being changed within the framework of the reform), which allows it to be used in court as evidence in criminal cases. data collected by the SBU counterintelligence during covert surveillance measures.
"The use of counterintelligence data in court creates a number of serious challenges ... In general, the threshold and legal requirements for the collection of evidence in a criminal case for use in court are higher, given a very different task: evidence is collected against a person, and intelligence data is collected for the state. is that counterintelligence data for use in court is often classified, and this affects the human right to a fair trial, since the defendants and their lawyers may not have access to such data in order to properly prepare the line of defence, "- said in particular, in the recommendations of the ICG.
International experts note that if the draft is adopted in its current form, there is "concern about the risk of misuse of counterintelligence information for political and corruption purposes." "The ICG recommends that the draft law clearly limit the use of such materials only for serious criminal offences and clearly spell out the procedure for using intelligence information as evidence in a trial," the analysis provided by Ukraine's partners says.
However, on all other positions, the ICG gave positive feedback, supporting the key proposed changes.
In particular, explanations from experts from NATO, the EU and the United States answer questions about why it is important to completely deprive the SBU of the function of pre-trial investigation, whether it is worth keeping the SBU's right to conduct investigations related to national security, why the SBU should not engage in economic crimes, smuggling or corruption, and also why it is advisable to reduce the staff of the SBU during the unprecedented hybrid war of the Russian Federation against Ukraine.