Successes of SBU (Service of Trinkets of Ukraine)

[Eugen]

Constantly there are reports about the success of the SBU in the seizure of all sorts of pens, watches, trinkets, baby monitors, video cameras and other technical means that are unclear as recognized by “special technical means”, as well as the conviction of these “criminals”. But you will never see reports on the prevention of violations of the constitutional rights of citizens: the inviolability of housing and other property; secrets of correspondence, telephone conversations, correspondence; non-interference in personal and family life. Why?

In the Middle Ages, everyone respected the "holy" church in order to strengthen its influence in society as a whole, and in the state in particular, organized a "witch hunt" (that is, to prevent crimes against the authority of the church).
All people who have their own views on the development of society, culture, science, medicine, the universe, which differed from the dogmas of the church or were simply not perceived by the ministers of the church, were recognized as heretics and were punished.
The system worked just awfully.
All decisions were in the same hands - the hands of the church:
- definition of heresy;
- definition of heretics;
- analysis of the misconduct, preparation of conclusions, investigation of heretics and the announcement of the verdict.
That is, the concentration of power to resolve some issue in one hand made it possible to organize any "witch hunt".

Let's move on to today's day. XXI century. year 2012. Ukraine.
Criminal Code of Ukraine, Article No. 359:
“Illegal acquisition, sale or use of special technical means of obtaining information,

• 1. Illegal acquisition or sale of special technical means of secretly obtaining information, as well as their illegal use, - shall be punishable by a fine from two hundred to one thousand tax-free minimum incomes of citizens or restriction of will for up to four years, or imprisonment for the same term.

• 2. The same actions committed repeatedly or by prior conspiracy by a group of persons shall be punishable by imprisonment for a term of four to seven years.

• 3. The actions provided for by the first or second part of this article are committed by an organized group or if they have caused substantial harm to the rights protected by law, freedoms or interests of individuals, state or public interests or the interests of individual legal entities - shall be punishable by deprivation of liberty for a term of seven to ten years. "

This article is included in Section XV of the Criminal Code of Ukraine “Crimes against the authority of public authorities, local authorities and associations of citizens”

The degradation of the state’s law enforcement system is obvious. In Kherson, they institute criminal proceedings against two students who distributed harmless leaflets against the President; SBU officers take part in interrogations. And in Kiev (and throughout Ukraine), the SBU "sews" cases of smuggling and the use of "special technical means ..." - pens and key fobs with a built-in camera. How and why is this happening.
The criminal case for the keychain. "Hole" in the laws and the stupidity of performers make criminals out of citizens

Let's try to analyze what this article is about. So.

• 1. What is this “special technical tool for secretly obtaining information”?

The definition of special technical means of secretly obtaining information is given only in one thing - and then departmental! - order: order of the Security Service of Ukraine of 01.31.2011 No. 35:
“Special technical means for removing information from communication channels, other means of tacit receipt of information (STS) - hardware, software, equipment, apparatus, devices, devices, preparations and other products intended (specially designed, manufactured, programmed, adapted) for secretly receiving information. ”
Neither the list of any groups of products related to the STS, nor their criteria or features are given in this, nor in any other normative legal act of Ukraine.
Therefore, neither the manufacturer of STS, nor the manufacturer of other technical (electronic, optical, software) means, equipment, apparatus, devices, devices and preparations, nor an ordinary citizen of Ukraine or abroad knows, and cannot know, whether the technical means that he produced, bought, sold or stored under the definition of a special technical means of secretly obtaining information.

• 2. Who is the guardian of the law (that is, the application of Article 359 of the Criminal Code of Ukraine)?

In accordance with article 112. “Jurisdiction” of the Code of Criminal Procedure of Ukraine:
“In cases of crimes under Article 359 of the Criminal Code of Ukraine, pre-trial investigation is carried out by investigators of the Ukrainian Security Service.”

• 3. Who, nevertheless, determines whether the developed, manufactured, sold or purchased technical equipment belongs to the STS or not?

Of course, experts. But whose? According to the Law of Ukraine “On Judicial Expertise”, forensic activities are carried out by state specialized institutions. State specialized agencies include the expert service of the Security Service of Ukraine (today - the Ukrainian Research Institute of Special Equipment and Forensics of the Security Service of Ukraine). And experts in the Security Service of Ukraine do the expertise in relation to STS.

• 4. And who are the judges?

There are legends about honesty, independence and impartiality of Ukrainian courts. Especially if materials are sent to the court from the Security Service of Ukraine, which brutally “fights” corruption in the highest echelons of power (including in the courts).

• 5. And the last. The state vested the Security Service of Ukraine with full power (monopoly) in the issue of control over special technical means of secretly obtaining information:

• 1) in accordance with the Decree of the President of Ukraine dated 13.04.2001 No. 256, the implementation of state policy on the development, manufacture, sale and acquisition of special technical means for removing information from communication channels, other means of secretly receiving information and ensuring state control and coordination of activities of state bodies in this area is carried out by the Security Service of Ukraine.

• 2) by decree of the President of Ukraine dated 16.01.2006 No. 1556 “On the observance of human rights during operational-technical measures” instructed the Security Service of Ukraine to increase the level of work to identify, prevent and terminate the acquisition or use of special equipment to remove information from communication channels , other means of secretly obtaining information by entities that are not granted the right to conduct operational investigative activities.

• 3) in accordance with the Law of Ukraine "On the licensing of certain types of economic activity" development, manufacture of special technical means for removing information from communication channels, other means of tacit obtaining information, trade in special technical means for removing information from communication channels, other means of tacit obtaining information subject to licensing.
  The Security Service of Ukraine is determined by the licensing authority of the noted type of economic activity (CMU resolution of 14.11.2000 No. 1698) .

• 4) in accordance with the resolution of the Cabinet of Ministers of Ukraine dated 13.03.2002 No. 288 “On approval of the list of central executive bodies on which the functions of technical regulation in certain areas of activity and the development of technical regulations rely on”, the Ukrainian Security Service is entrusted with the functions of technical regulation in the field of special technical means for removing information from communication channels, other means of secret receiving information.

• 5) the State Export Control Service of Ukraine provides the implementation of state policy in the field of state export control of dual-use goods (to which STS is for some reason assigned).
  But, in accordance with the resolution of the Cabinet of Ministers of Ukraine dated 01.28.04 No. 86 “On approval of the Procedure for conducting state control of international transfers of dual-use goods” to obtain permission from the State Export Control for export (temporary export), import (temporary import) of STS (or goods, which supposedly can be used as STS) by exporters or importers, along with the application to the State Export Control, approval of the Security Service of Ukraine is submitted.
  In addition, the “Conclusion” regarding the affiliation / non-affiliation of goods to part 3 of section 5 “special technical means” of the List of dual-use goods is also provided by the Security Service of Ukraine (note to Supplement 1 of CMU Resolution No. 86)

The circle is closed.
As the saying goes, "I’m myself, I’m walking myself, I’m creeping myself, I’m lying myself!

And now let's look at the website of the Security Service of Ukraine.
There are constantly reports about the success of the Security Service of Ukraine in seizing from citizens of Ukraine all kinds of pens, watches, key chains, baby monitors, video cameras and other technical means, which are unclear as recognized by special technical means, as well as the condemnation of these "criminals". But, you will never see reports on the prevention of violations of constitutional rights of citizens, such as:
guarantee the inviolability of housing and other property;
guarantee of confidentiality of correspondence, telephone conversations, telegraphic and other correspondence;
guarantee of non-interference in personal and family life.
The constant information scandals about illegal video and audio recordings, wiretapping of mobile phones, surveillance, searches, opening of offices, apartments, vehicles, letters and parcels for some reason do not suggest to our officials that we must fight against violations of the constitutional rights of citizens, and not against incomprehensible to the public special technical means of secretly obtaining information.
Or do we need a new “witch hunt”?

Posted by Igor Rudenko, Expert Analyst, for UK
https://cripo.com.ua

 

[Матушкин Андрей Николаевич]

Eugene, thanks for the interesting material.

 

[Плотников Юрий Михайлович]

Thank!

 

[Арсен]

This is the Security Service of Ukraine !!!!! Special services are everywhere like that. : D

 

[Детектив-Молдова]

Thank.
Interesting, relevant material.

 

[Орлан]

Thank you, unfortunately this is the truth of life.

 

[VASILIY]

Thank.