Draft bill #12039 of September 17, 2024 

Cosponsors: a group of 13 MPs from the Servant of the People and Holos factions with Davyd Arakhamia as the first signatory 

Status: sent for review to the Law Enforcement Committee 

Who is affected: courts, the Office of the Prosecutor General, the National Anti-Corruption Bureau of Ukraine (NABU), the Specialized Anti-Corruption Prosecutor’s Office (SAP), and individuals who have committed corruption offenses 

Summary: 

  • a court will have the right to approve an agreement on admission of guilt in corruption cases and impose an additional agreed-upon penalty of a fine even when such a penalty is not prescribed in the sanctions of the relevant articles of the Criminal Code 
  • the amount of the fine will be set within the following limits: 
    • from 340,000 UAH to 2,040,000 UAH — for a minor offense 
    • from 2,040,000 UAH to 4,590,000 UAH — for a grave crime 
    • from 4,590,000 UAH to 102,000,000 UAH — for a special grave crime 
  • an admission of guilt agreement between the prosecutor and the suspect or accused individual will be allowed to be concluded in proceedings regarding: 
    • corruption criminal offenses if the suspect or accused reveals another person’s involvement in the corruption crime. This will work if the information is confirmed by evidence and if full or partial compensation is made for the damage inflicted (depending on their involvement in the crime) 
    • corruption misdemeanors, minor or grave corruption crimes, provided there is no evidence that the suspect or accused acted in cooperation with other parties. However, the agreement can only be concluded if full compensation for the damage is paid 
  • in criminal proceedings regarding corruption crimes, if the suspect meets all the terms of the admission of guilt agreement, they and the prosecutor will have the option to agree on a punishment that will be less than prescribed by law but no less than one year of imprisonment 
  • if a person is released from serving a sentence on probation, the court will be allowed to also impose an additional penalty — confiscation of property 
  • in criminal proceedings regarding corruption criminal offenses, the conclusion of an admission of guilt agreement between the prosecutor and the suspect or accused will be allowed: 
    • for grave crimes — with the approval of the head of the prosecution or their deputy (if the crime is under the jurisdiction of NABU, the agreement will have to be approved by the deputy Prosecutor General — head of SAP or their deputy) 
    • for especially grave crimes — with the approval of the Prosecutor General or their deputy. If NABU investigates the crime, the agreement will also have to be approved by the head or deputy head of SAP 
  • court proceedings will continue in the usual manner in the case of: 
    • refusal of the court to approve the agreement initiated at the pretrial investigation stage 
    • refusal from one of the parties regarding the continuation of court proceedings in the usual manner 
    • refusal of the court to approve the agreement initiated at the court proceedings stage 
  • until the moment the court goes to the deliberation room, the parties will have the right to make changes to the concluded agreement 
  • if the court refuses to approve the agreement between the suspect and the prosecutor in a criminal case, it will be allowed to submit this agreement for re-examination once. However, this will require eliminating the reasons for which the court refused to approve it the first time. 

What is right: the mechanism for concluding admission of guilt agreements regarding corruption offenses will be improved. 

What is wrong: the option to pay a fine as an additional penalty is a form of a bribe that will destabilize the provisions of the Criminal Code, as it leaves too much discretion for the court. The fine as an additional penalty is already defined in the Criminal Code. 

Background information: on July 18, 2024, the Verkhovna Rada passed in the first reading the draft bill submitted by the Cabinet on admission of guilt agreements. The bill was criticized by civil society representatives as it essentially allows legal buyouts from severe penalties. Moreover, it also provides for the possibility of being released from serving a sentence on probation without additional conditions. 

Additional information: Ok, So What? podcast, ep. 165: Bribe-takers will be able to buy their way out of responsibility