UNBA has prepared and submitted proposals for amendments to the Code of Criminal Procedure

Legislation
15:48 Mon 05.02.18 916 Reviews
Print

UNBA has prepared and submitted proposals for amendments to the Code of Criminal Procedure, developet in the framework of amending the current law "On the Bar and Practice of Law".

The relevant text was sent to Alexey Filatov, Deputy Chief of Staff of the President of Ukraine, Coordinator of the Council for Judicial Reform.

UNBA’s proposals are based on the analysis of pressing problems of administration of law in criminal proceedings and aim to improve the quality of advocacy at the legislative level. In a letter, the President of UNBA/BCU Lidia Izovitova emphasized that "the development of the national Bar is impossible without strengthening and further enhancement of professional guarantees, which is primarily achieved through the improvement of legislation on criminal procedure."

In particular, UNBA offers to amend art. 47 CCPU ‘Defender’s Obligations’, art. 50. ‘Confirmation of the Powers of the Defender’, art. 53 CCPU ‘Engaging a Defender for a Single Procedural Act’, art. 184 ‘Investigator’s, Prosecutor’s motion for imposing preventive measures’ and art. 290 ‘Disclosure of materials to the other party’, art. 220 ‘Examination of motions at the stage of pre-trial investigation’, arts. 303, 309, 317 of the CCP of Ukraine, art. 394 ‘Peculiarities of appeals against separate court decisions’, art. 481 ‘Notice of Suspicion’.

The changes are aimed at boosting procedural rights of an advocate and preventing abuse of powers by the prosecution and the court.

In addition, UNBA offers amendments to art. 42 CCP of Ukraine, giving the accused, the suspect the right to ask the prosecutor questions at court hearing, including hearing for selection (continuation) of a preventive measure.

Given the provisions of art. 46 CPC Ukraine defender enjoys the same procedural rights as a suspect, accused, therefore, we deem that an indication in art. 42 CPC of Ukraine that a suspect or accused have the right to ask prosecutor questions, in turn, will be a sufficient legal basis for defender to enjoy that same right.

UNBA argues the expediency of such amendments by the fact that it has become systematic practice for the prosecutor submitting evidence to the court, in particular when moving before court for the election (change) of a preventive measure, not to provide any factual information, but simply rewrite the text of relevant CCP provisions and, thus request a person to be detained.

It is expressly manifested in cases where the prosecutor for the second, third and more times raises the issue of the continued detention of a person for the next 60 days.


 


 

Popular news

Advocacy

The BCU has removed controversial issues of training standards for young lawyers

The Procedure for the Continuing Legal Education of Advocates of Ukraine provides for special requirements for training in the first three years (after obtaining a certificate) of an advocate's practice. In practice, technical issues have arisen in the application of these requirements.

15:14 Thu 15.02.24 114

Advocacy

Problems of the Ukrainian Bar were discussed at a conference in Vienna

The 52nd European Conference of Presidents of Legal Organizations, traditionally organized by the Austrian Bar Association (ÖRAK), has recently taken place at Vienna's Ferstel Palace.

11:02 Wed 14.02.24 130

Advocacy

Draft law 10449: UNBA submits amendments to the lawyers' booking

In order to ensure the constitutional guarantee of everyone's right to legal aid, the draft law No. 10449 on strengthening mobilization should provide for the reservation of lawyers. The relevant amendments will be sent to the entities involved in the process of preparing the draft law for the second reading.

16:12 Thu 08.02.24 142

Advocacy

The final draft of the Convention on the Protection of the Rights of Lawyers will appear in 2024

The Committee of Experts on the Protection of Lawyers presented the text of the draft Council of Europe Convention on the Protection of the Rights of Lawyers. The document is being prepared for approval by stakeholders. The final version should be developed by the end of the year.

13:34 Tue 06.02.24 121

Advocacy

Notaries and state registrars will be obliged to provide lawyers with information from the registers

When sending lawyers' requests to obtain data contained in state registers, lawyers often receive rejections. The recipients of the requests give various reasons for this. But these refusals impede the professional performance of professional duties!

14:58 Fri 02.02.24 119

Advocacy

The UNBA Board of Trustees supported the family of the deceased lawyer from Dnipropetrovs'k region

The first meeting of the UNBA Board of Trustees this year was held to distribute charitable assistance received from international partners. The Board considered 17 applications from affected colleagues who found themselves in a difficult situation due to the war.

15:08 Tue 30.01.24 121

Advocacy

Legal fees: how much do lawyers pay abroad

In all countries, advocates pay contributions to ensure the implementation of bar self-government in one way or another. Sometimes they are higher, sometimes lower. Sometimes it depends on the region or the length of service of the advocate. Some bar associations introduce the possibility of installments.

16:00 Mon 08.01.24 149

Advocacy

Financial monitoring: when a lawyer must submit reports to the Ministry of Justice

Attorneys, law firms and law associations become specially designated subjects of initial financial monitoring only when they support certain transactions. Therefore, they must ensure the organization and conduct of initial financial monitoring.

17:00 Mon 25.12.23 145

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл