The President of Ukraine has vetoed the law “On Private Detective (Investigation) Activity” (hereinafter the “Law”), which was aimed at legalising and regulating the new field of private detective activities in Ukraine, which earlier was unregulated.
On 13 April 2017, the Ukrainian Parliament passed the long-anticipated law, which we covered in our article of 28 April 2017. However, on 06 June 2017, the President refused to sign the law and returned it, with his objections and recommendations, to the Parliament.
As stated in the President’s recommendations, many provisions of the law approved by the Parliament contravened other Ukrainian legislative acts. In particular, the President pointed out the lack of clear differentiation between the functions of private detectives and the state law enforcement authorities. This may result, according to the President, in operative investigative actions being carried out by private detectives, which should remain the exclusive competence of the state law enforcement authorities.
The President returned the law for a repeated reading in the Parliament and requested that its provisions be brought in line with the respective legislative acts. The Parliament can either override the President’s veto (by approving the law with a qualified two-thirds majority of votes), or take into account the President’s recommendations, change the text of the law and pass it as a new law with a simple majority of votes.
For the time being, the activity of private detectives in Ukraine will remain unregulated.
Legislation: Presidents’ recommendations to the Law “On Private Detective (Investigation) Activity” No. 3726 (in Ukrainian).