On March 22, 2021, the President of Ukraine signed the Law "On the Bureau of Economic Security", which became one of the most anticipated laws regarding the reform of the tax system. Even before the adoption of this law, the media had enough time to advertise it as a step towards business, since the creation of an economic security bureau should reduce the pressure on entrepreneurship. However, is relief really worth expecting?
The main task of the new Bureau of Economic Security is its analytical function to identify risks to the economic security of the state. At the same time, the criteria for determining risks and the peculiarities of the application of the risk-oriented approach should be determined by the Bureau independently, which, in our opinion, gives the Bureau too wide freedom of action.
If you read the law more carefully, it becomes clear that the legislator has not removed the function of conducting operational-search activities and preliminary investigation from the Bureau. The detectives of the Bureau, by analogy with the National Anti-Corruption Bureau, will have the powers of operational officers, and all the powers of investigators, as well as a number of powers granted to the police. In particular, certified employees have the right to use physical coercion measures, firearms and special means for forced entry into the premises, and also have the right to stop and inspect vehicles.
The adopted law will in no way ease the forceful pressure on business, and it is not a “stop mask show” law, because the owners of the enterprises will not see peace yet.
Natalia Ponomarenko, lawyer Dynasty Law & Investment.
