It is proposed to expand the concept of «protector»
A lawyer representing the interests of a legal entity should also be considered a defense counsel within the meaning of Article 45 of the Criminal Procedure Code.
The relevant clarification of this article is proposed by the Draft Law No. 11443 of 25.07.2024 «On Amendments to the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and Other Legislative Acts of Ukraine on Bringing Legal Entities' Liability for Corruption Criminal Offenses in Line with International Standards».
The draft law itself aims to fundamentally change the approach to holding a legal entity liable for committing a criminal offense on its behalf or in its interests. For this purpose, among other things, certain amendments are introduced to the CPC, which regulate the possibility of organizing criminal proceedings for the application of criminal law measures to legal entities in a special procedure, i.e. separately from the criminal prosecution of individuals.
To this end, it is proposed to enshrine in a separate Article 483-2 of the CPC the specifics of participation of a representative or defense counsel in criminal proceedings regarding the application of criminal law measures to legal entities in a special manner.
According to the authors of the initiative, the participation of a legal entity's representative in such proceedings is mandatory. Representatives should enjoy the rights and obligations of persons belonging to the defense in criminal proceedings. The representative may not be a person who has or has had any procedural status in the criminal proceedings. The representative has the right to use the remedies provided for by the CPC and other laws in order to ensure the realization of the legal interests of the legal entity.
It is proposed to define that no more than five representatives of a legal entity may simultaneously participate in the pre-trial investigation and trial.
A representative may be engaged by a legal entity to participate in criminal proceedings from the moment the prosecutor, investigator in agreement with the prosecutor, issues a resolution on criminal proceedings to apply criminal legal measures to legal entities in a special manner.
In addition, in the absence of a representative, the draft law provides for a procedure for engaging one in such cases. The investigator, prosecutor shall issue a resolution, and the investigating judge and court shall issue a ruling instructing the relevant body (institution) authorized by law to provide free legal aid to appoint a defense counsel to provide defense as assigned and ensure his or her arrival at the time and place specified in the resolution (ruling) to participate in the criminal proceedings. The resolution (ruling) on the instruction to appoint a defense counsel shall be immediately sent to the relevant body (institution) and shall be binding for immediate execution. No refusal from a defense counsel will be accepted.
Popular news
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Educational events
A one-time payment or royalties? Students were briefed on changes to copyright agreements
As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Legislation
Fines for loud exhaust — based on a standardized measurement method — UNBA
Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
Abroad
Living abroad doesn't sever your ties with Ukraine: what you should check
Moving to another country and even long-term residence abroad does not automatically sever an individual’s legal ties to Ukraine. Tax residency, sole proprietorship status, foreign income, enforcement proceedings, and military registration remain relevant even after relocation.
Legislation
Exceptions to the state prosecutor's representation in court must be consistent with the CCU's decision
To prevent the provisions of Article 23 of the Law «On the prosecutor’s office» from being declared unconstitutional again, the proposed amendments contained in the government’s draft law should be clarified.
Appointment
Representatives of the UNBA appeared in Zagreb, Los Angeles and Strasbourg
Representatives of the Ukrainian National Bar Association have been appointed in Zagreb (Croatia), Los Angeles (USA) and Strasbourg (France). They are advocates Nadiya Korinna, Hryhoriy Solomon and Aminat Suleimanova.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
