Draft bill #10206 of November 2, 2023 

Sponsors: a group of 14 MPs from the faction Servant of the People, the group Platform For Life and Peace, and one independent MP with Maksym Pavliuk, Hryhorii Mamka, and Andrii Motovylovets as the first signatories 

Status: sent for review to the dedicated parliamentary committee 

Who is affected: suspects, defendants, pre-trial investigation bodies, and courts. 

Summary: 

  • the duration of proceedings will be reduced: 
    • for pre-trial court proceedings — no more than 15 working days from the receipt of the indictment, appeal for application of compulsory medical or educational measures, or petition for release from criminal responsibility 
    • for court proceedings in the court of original jurisdiction — up to one year for minor offenses, three years for grave offenses, and five years for severe offenses 
  • resolving the issue of judicial disqualification — no later than the next working day after the application is received 
  • the criminal proceedings will be redirected to another court if the case no longer falls under the jurisdiction of the High Anti-Corruption Court 
  • attesting witnesses will be replaced with audio and video recordings of procedural actions 
  • prosecutors will be granted the power to apply a bond of personal surety or temporary access to personal belongings and documents of a suspect without a court-issued warrant 
  • in case of emergency, it will be allowed to inspect the scene, search a dwelling or other possession of a person, and detain a person without a warrant from the investigating judge until the evidence is registered in the Unified Register of Pretrial Investigations 
  • law enforcement agencies will be allowed to produce and use fictitious information in the form of fabricated data while investigating corruption offenses. 

What is right: 

  • duration of court proceedings and decisions on judicial disqualification will be reduced 
  • replacement of attesting witnesses with audio and video recordings. 

What is wrong: 

  • the materials of the criminal proceedings sometimes are quite voluminous and there will be not enough time for their proper study 
  • the option to redirect criminal cases that are no longer under the jurisdiction of the High Anti-Corruption Court to another court can be misused for changing the qualification of crime 
  • prosecutors are given powers inherent to courts: to apply restrictive preventive measures or conduct searches are restrictions on human rights. Only the court can apply such restrictions 
  • production of fabricated data in electronic systems by government agencies can be interpreted by the court as a provocation of crime. 

Alternative solution: 

  • to introduce an option to extend the duration of preparatory court proceedings 
  • to exclude the option to redirect a criminal case from the Anti-Corruption Court, not to grant prosecutors the authority to exercise powers inherent to courts, and not allow government agencies to fabricate data. 

Additional information: in the report by the European Commission for 2023, it was recommended to review the Criminal Procedure Code and the Criminal Code to improve efficiency and performance in high-level corruption cases. In particular, by preventing procedural delays, introducing reasonable time limits for pre-trial investigations, and improving the regulation of plea bargain agreements. Also, it recommended to increase the number of judges of the High Anti-Corruption Court by reactivating the Public Council of International Experts and enable the court to adjudicate certain cases in a single judge composition.