Automatically translated version. May contain inaccuracies compared to the original.
- computer equipment, electronic and computer information carriers (tablets, memory cards, flash drives, system computer disks, CD-DVD discs, video cameras, dash cams, and other electronic digital devices intended for creating, copying, and storing information) that are in the possession of Pyshnyi A.H. and retain traces of the commission of a crime and may contain or hold other information that can be used as evidence of facts or circumstances being established during the criminal proceedings;
- rough notes, notebooks, diaries, memos, and other handwritten and printed information carriers that retain traces of the commission of a crime or contain other information that can be used as evidence of facts or circumstances being established during the criminal proceedings.
Also, in the motion to conduct the search, the NABU detective requested that it be considered at a closed court session without subsequently publishing the text of the ruling in the Unified Register of Pretrial Investigations, in order to preserve the secrecy of the pretrial investigation.
At the court hearing, NABU Detective Krupka R.O., who, according to the extract from the URPI and the resolution appointing the senior investigator of the investigative group and the investigators who will carry out the pretrial investigation, is a member of the investigative group in this criminal proceeding, supported the motion and asked that it be granted.
Given the need to prevent disclosure of a legally protected secret, the secrecy of the pretrial investigation, and the familiarization of third parties with the content of the decision — including persons involved in the proceedings — which could negatively affect the results of the investigation, the investigating judge granted the NABU detective’s motion to consider the motion to conduct a search at a closed court session.
Having examined the said motion, the investigating judge grants the motion in part, taking into account the following.
Pursuant to Art. 30 of the Constitution of Ukraine and Art. 13 of the Criminal Procedure Code of Ukraine, everyone is guaranteed the inviolability of their home or other premises in their possession. Entry into a person’s home or other premises, and conducting an inspection or search therein, is not permitted except by a motivated court decision.
According to Part 1–2 of Art. 233 of the Criminal Procedure Code of Ukraine, no one has the right to enter a person’s home or other premises for any purpose except with the voluntary consent of the person who possesses them, or on the basis of a ruling of an investigating judge, except in cases established by the third part of this article.
A person’s home is understood to mean any premises that are in a person’s permanent or temporary possession, regardless of its purpose and legal status, and adapted for permanent or temporary residence by individuals, as well as all components of such premises. Premises specially designated for holding persons whose rights are restricted by law are not considered homes.
A person’s other possessions are understood to include a vehicle, land plot, garage, other buildings or premises for domestic, official, economic, industrial, and other purposes, etc., that are in a person’s possession.
The requirement to obtain permission for a search, in the absence of the person’s voluntary consent, applies only to a person’s home or other possessions. This follows from the interpretation of Art. 233 of the Criminal Procedure Code, which prohibits entry into a person’s private home or possession without a court’s permission or the person’s voluntary consent, together with Art. 235 of the Criminal Procedure Code, which sets out the requirements for an investigating judge’s ruling authorizing a search of a private home or possession.
Pursuant to Arts. 84–85 of the Criminal Procedure Code of Ukraine, evidence in criminal proceedings consists of factual data obtained in the manner prescribed by this Code, on the basis of which the investigator, prosecutor, investigating judge, and court establish the presence or absence of facts and circumstances that are relevant to the criminal proceedings and subject to proof.
The procedural sources of evidence are testimony, physical evidence, documents, and experts’ conclusions.