This was introduced to prevent political pressure on the Parliament. We expect these amendments to follow up as soon as possible. 8336, eliminates disadvantages of the so-called "Lozovyi's amendments" regarding the appointment of expert assessments in virtually all proceedings, except those investigated by the Detectives of the National Anti-Corruption Bureau of Ukraine (NABU). The National Anti-Corruption Bureau of Ukraine and the State Investigation Bureau will be granted the right to independent wiretapping. The Draft Law № 6232 on amendments to the Criminal Procedure Code of Ukraine, adopted by Ukrainian Parliament in second reading on October 3, contains a number of contradictions that may paralyze the work of investigatory authorities in case the amendments to the Code come into force. It should be noted that bail is a way to ensure certain pretrial conduct as opposed to actual punishment. There is a special procedure to serving certain categories of people with charges, as established by Article 37 of the Criminal Procedural Code. can also be considered positive. Defense attorneys, local council members, mayors are served by Prosecutor General, a Deputy Prosecutor General or the head of a regional prosecution, while a Member of Parliament, a SAPO prosecutor or an employee of the NABU — by Prosecutor General. It is suggested to recover the “old” procedure for calculation of the pre-trial investigation period, appointment and conducting of the forensic review (the review can be initiated by the parties, and the monopoly of public expert establishments for the review is abolished). The signing of the Law №6232 by the President of Ukraine will lead to collapse of the National Anti-Corruption Bureau of Ukraine (NABU) work as well as the work of other law enforcement agencies. They are designed to develop the idea of undeclared staff members of law enforcement. The changes will also put an end to the possibility to dispute being served with charges. The Draft Law №6220 "On Amendments to the Criminal Procedure Code of Ukraine on Entering of Data into the Unified Register of Pre-trial Investigations and Basis on Termination the Criminal Proceedings" is under consideration in the Verkhovna Rada. (Deleted) Warrant of Arrest 38. form of warrant of arrest 39. This has proven an issue in certain criminal proceedings. Ukraine. CMS Cameron McKenna Nabarro Olswang LLP - Olexander Martinenko , Sergiy Gryshko and Andrii Stetsenko Back Forward It is suggested to recover the “old” procedure for calculation of the pre-trial investigation period, appointment and conducting of the forensic review (the review can be initiated by the parties, and the monopoly of public expert establishments for the review is abolished). Thus, if they are cancelled, it will have a positive effect on the pretrial investigation process. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Telegram (Opens in new window). Thus, the proposed legislative amendments eliminate a number of drawbacks currently present in the criminal process and simplify the pretrial investigation procedure: they abolish restrictions of investigative action concerning members of parliament, grant the NABU and the SIB the right to independent wiretapping, abolish the infamous “Lozovyi’s amendments,” grant the right not to establish the bail amount in grave and especially grave crime cases, extend the circle of people who can have the right to serve high-ranking officials with charges and provide the NABU with the opportunity to have undeclared staff members. In addition, the proposed initiatives can threaten the independence of the NABU and complicate the investigation of top-corruption crimes. Granting the investigative judge with the right not to establish the amount of bail in a criminal proceeding concerning a grave or extremely grave crime. 3, Vasyliya Surikova str.,Kyiv, 03035, Ukraine, President of Ukraine | Verkhovna Rada of Ukraine | Government of Ukraine. In addition to that, the Parliament refused to review MP immunity, which is among other things included in the CPC and in the designated law, as part of the same draft law. The National Anti-Corruption Bureau of Ukraine (NABU) categorically disagrees with the NACP`s (National Agency on Corruption Prevention) decision №1375 of December 18, 2017, in which the Agency interprets certain provisions of the Law of Ukraine «On Corruption Prevention» regarding the investigation of offences under Articles 366-1 and 368-2 of the Criminal Code of Ukraine. Prosecutor General, their deputy, heads of regional prosecutor’s offices will be able to delegate serving with charges to other prosecutors or investigators. Providing the NABU with an opportunity to have undeclared full-time staff members. According to the NABU, the proposed explanation of the NACP is legally unjustified and may help corrupt officials to evade criminal liability for illegal enrichment and submitting false data to e-declarations. The NABU will also have the opportunity to have undeclared staff members. In this draft law, there are several key points that will directly affect the work of the anti-corruption infrastructure and on the system of criminal justice overall: Eliminating restrictions for investigative action concerning Members of Parliament. This was introduced to prevent political pressure on the Parliament. This webpage provides access to criminal codes of OSCE participating States. The Members of Parliament are going to consider the Draft Law of Ukraine On the Amendments to Legislative Acts of Ukraine on the Improvement of Criminal Justice (№7547) dated February 5, 2018. One example of such work includes “agent Kateryna” and the case of MPs Rozenblat and Poliakov. Until September 3, and the Parliament vote to abolish the immunity of Members of Parliament, the Constitution and a number of laws, including the Criminal Procedural Code (Article 482, part 2) declared that MPs can be brought to criminal responsibility only if the action is approved by the Parliament. Ukraine’s international partners and civil society organizations have that it is important to resolve this issue multiple times. They are designed to develop the idea of undeclared staff members of law enforcement. Today, these agencies are not allowed to wiretap without the SBU and the National Police. 1009 “On Amendments to Certain Legislative Acts of Ukraine for Improvement of Certain Provisions of the Criminal Procedural Legislation,” which stipulates changes in the Law of Ukraine “On the Status of Member of Parliament of Ukraine,” “On Judicial Examination,” “On Radio Frequency Resource of Ukraine,” the Criminal Procedural Code of Ukraine, the Law of Ukraine “On the National Anti-Corruption Bureau,” the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Simplification of Pretrial Investigation of Certain Categories of Criminal Violations.”. The adoption of the abovementioned Draft Law can block investigations of law enforcement agencies, including investigations of the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor`s Office (SAPO). Extension of the list of entities that have the right to serve somebody with charges. Changes concerning the terms of the competition for positions of undeclared NABU staff members can also be considered positive. That is why amendments to the Law of Ukraine “On the Radio Frequency Resource of Ukraine,” which define the NABU and the SIB as special users of the Ukrainian radio frequency resource, are positive changes designed to support the independence of these agencies. It will also paralyze the judicial system of Ukraine. With the proposed amendments, the Prosecutor General and other authorized officials will have the right to delegate this function to optimize the work of law enforcement agencies. Until September 3, and the Parliament vote to abolish the immunity of Members of Parliament, the Constitution and a number of laws, including the Criminal Procedural Code (Article 482, part 2) declared that MPs can be brought to criminal responsibility only if the action is approved by the Parliament. Today, the Criminal Procedural Code of Ukraine stipulates that when the investigative judge issues the decision to apply interim measures in the form of jail time, he or she is obliged to establish the amount of bail, with a few exceptions. According to the amendments proposed in the presidential draft law, Changes concerning the terms of the competition for positions. adopted in 2017. Granting the NABU and the SIB (State Investigation Bureau) the right to wiretapping. On October 4 the Parliament of Ukraine voted in favor of draft law No. 03 September 2020, 16:01. One example of such work includes “agent Kateryna” and the case of MPs Rozenblat and Poliakov. State institutions will no longer have monopoly over forensic reviews. Instead of collecting evidence and other investigative action, law enforcement representatives had to convince MPs that they had to approve bringing their colleagues to criminal justice. Almost everyone at least marginally involved with this has been emphasizing the need to pass changes to the Criminal Procedural Code. Furthermore, it is proposed to repeal the amendments to the Criminal Procedural Code introduced in connection with the so-called Lozovyi’s amendment, adopted in 2017. Due to these standards, the investigative judge in high-profile corruption cases was obliged to establish the bail and corrupt officials would be bailed out immediately. The National Anti-Corruption Bureau of Ukraine (NABU) calls on the Verkhovna Rada of Ukraine to repeal the amendments to the Criminal Procedure Code of Ukraine (CPC), which paralyze the work of investigative authorities. We are convinced that when law enforcement agencies receive all the tools for professional and independent work, it will contribute to establishment of rule of law in Ukraine. The following was formalized in the legislative level: At the same time, the Parliament maintained the so-called Lozovyi’s amendment concerning calculation of the period of pretrial investigation (from the moment information is entered into the Unified State Register) and disputing serving with charges. The changes will also put an end to the possibility to dispute being served with charges. In its decision of 26 June 2019, the Constitutional Court of Ukraine stated that jail time is an extreme interim measure which is applied only if the prosecutor has proved that no other interim measures can prevent the risks set forth in Article 177 of the CPC (Purpose and reasons for application of interim measures).

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