In the near future, the government will submit a bill to strengthen the protection of the rights of participants in criminal proceedings

Advocacy
10:53 Tue 12.06.18 693 Reviews
Print

On June 11, the meeting of the Interdepartmental Commission for ensuring the observance by law-enforcement bodies of the rights and legitimate interests of persons under the chairmanship of Prime Minister Volodymyr Hroisman took place.

The commission consists of the First Vice Prime Minister of Economic Development and Trade Stepan Kubiv, acting director Minister of Finance, Governmental Commissioner for Investments Oksana Markarova, representatives of business associations, employers, head of the UNBA secretariat Vadym Krasnik.

During the meeting the parties discussed the practical implementation of the law on amendments to certain legislative acts on ensuring compliance with the rights of participants in criminal proceedings and other persons by law enforcement agencies during the pre-trial investigation.

The law was іnitiated by the Cabinet of Ministers and passed by Parliament in November 2017 . The purpose of this law was to resolve the problematic issues arising during the pre-trial investigation of criminal proceedings by law enforcement agencies involving business entities, which are outlined, in particular in the system report "Abuse of powers by law enforcement agencies in their relations with business" prepared by the Council business is an ombudsman.  

The law provides that litigation and pre-trial investigation is automatically recorded through audio and video recording media. In addition, a lawyer must always attend a search. Under this law, evidence obtained by law enforcement officers in violation of these norms will be declared inadmissible in court. In addition, the new law introduces punishment in the form of restraint of liberty for up to 5 years for the disclosure of pre-trial investigation data that humiliates people. Currently, to improve the effectiveness of this law, the interdepartmental commission is preparing a package of amendments to the Civil and Criminal Procedural Codes, as well as the Law "On the Procedure for Compensation of Damage Inflicted on Citizen by Unlawful Acts of Bodies Investigating Operations, Investigations, Prosecutors and the Court".

At the meeting of the commission, the chairman of the State Judicial Administration presented a report on the number of decisions made by investigative judges on search permission without the full technical fixation of the meeting. The Business Ombudsman provided information on the results of consideration of complaints received by the Commission. It was decided to send to the General Prosecutor's Office and the SFS materials for conducting an official investigation into the violation of the rights of two business entities at the stage of pre-trial investigation.

Photo by the press service of the Cabinet of Ministers of Ukraine

Popular news

Advocacy

FLA needs urgent help, - Valentyn Gvozdiy

Twelve years of existence of the free legal aid system in Ukraine is enough to understand the inability of the Ministry of Justice to effectively manage this area.

17:23 Fri 29.03.24 110

Advocacy

The Ombudsman is concerned about the state of the FLA system

The Secretariat of the Ukrainian Parliament Commissioner for Human Rights is ready to join the development of proposals for amendments to the legal acts developed by the Ukrainian National Bar Association that will improve the functioning of the free legal aid system.

19:27 Thu 28.03.24 112

Advocacy

Ombudsman to provide legal aid with support of UNBA - pilot project

The Office of the Ukrainian Parliament Commissioner for Human Rights has launched a pilot project to provide professional legal aid to citizens in five regions of Ukraine.

11:58 Tue 26.03.24 106

Advocacy

Another model should be introduced for the FLA system, - Lidiya Izovitova

Monitoring of the current state of functioning of the legal aid system shows the existence of significant and conceptual problems in the implementation of this assistance in Ukraine.

12:32 Tue 19.03.24 152

Advocacy

Violation of media guarantees of advocacy is being studied by the UNBA

An open appeal of the Ukrainian National Bar Association's Committee on Information Policy and Interaction with the Mass Media to the advocates.

18:48 Mon 04.03.24 163

Advocacy

Lawyers are offered to be booked - amendments to draft law No. 10449

In their amendments to the draft law on strengthening mobilization, MPs propose to provide for the booking of lawyers. The goal is to prevent disruptions of court hearings.

13:48 Fri 01.03.24 179

Advocacy

E-Court failures violate constitutional guarantees – UNBA

In recent days, the Ukrainian National Bar Association has received numerous reports from lawyers about technical failures in the operation of the Electronic Court subsystem. In particular, the complaints relate to the inability to log in to the electronic office, which restricts advocates in exercising their procedural rights, in particular, to submit documents and participate in court hearings in the videoconference mode.

18:05 Thu 29.02.24 188

Advocacy

Fixed fee: time of work is important for reimbursement of attorney's fees – SC

The procedure for calculating the hourly fee differs from the fixed fee, which does not take into account the actual time spent. However, in both cases, they are taken into account when deciding on the reimbursement of legal aid expenses.

13:22 Thu 29.02.24 177

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

Оберіть файл