Personal and family life of convicts: what the new draft law will change
In pursuance of the Constitutional Court's decision in the case concerning the personal and family life of a person sentenced to life imprisonment, the mechanism for granting convicts short-term visits outside correctional and educational colonies will be improved.
The Ministry of Justice has prepared and the Cabinet of Ministers has submitted to the Parliament draft Law No. 12127 of 16.10.2024 «On Amendments to Article 111 of the Criminal Executive Code of Ukraine in connection with the Decision of the Constitutional Court of Ukraine of December 20, 2023 No. 11-r(II)/2023».
The document proposes amendments to Article 111 of the Criminal Executive Code of Ukraine, according to which, in case of death or serious illness of a close relative that threatens the patient's life, short-term trips outside the colony on the territory of Ukraine (except for the TOT) are allowed:
- convicts held in minimum security correctional facilities with lightened conditions of detention, social rehabilitation units of minimum security correctional facilities with general conditions of detention and social rehabilitation units of medium security correctional facilities and educational colonies - for a period not exceeding seven days (they travel to and from their destination independently);
- for other convicts - for a period not exceeding one day (they are transferred to and from their destination and guarded by colony guards).
It is also envisaged to grant permission for short-term departure taking into account the latest available assessment of the convict's behavior and the results of the latest available assessment of the risk of committing a repeat criminal offense.
At the request of the Verkhovna Rada Committee on Legal Policy, the National Association analyzed this legislative initiative and concluded that the draft partially solves the problems of protecting the personal and family rights of convicts, and the proposed changes effectively regulate the procedure for granting a convicted person a short-term exit permit.
The full text of the UNBA Committee on Criminal Law and Procedure's opinion is available here.
Popular news
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Self-government
BCU: NACP initiatives regarding advocacy are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the advocacy proposed by the National Agency for Corruption Prevention as direct, gross, and systematic interference by the executive branch in the activities of an independent constitutional institution.
Self-government
UNBA program for implementation of the Roadmap on the rule of law published
In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.
URAU
Access to advocate contacts in URAU has been restored
The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.
Self-government
Members of the QDCB are not required to submit declarations - BCU
Bar Council of Ukraine examined the legal status of members of bar self-government bodies and found that they are not required to submit declarations of persons authorized to perform functions of state or local self-government.
Self-government
BCU has identified 12 areas for implementing the Roadmap for advocacy
During its meeting on December 12, the Bar Council of Ukraine considered the Roadmap on the Rule of Law, approved by Order of the Cabinet of Ministers of Ukraine No. 475-r dated May 14, 2025. The document provides for the development and adoption of a draft law on improving the legal regulation of advocacy by the fourth quarter of 2026.
Guarantees of the practice of law
The Ombudsman acknowledged the problem of violation of the human right to legal aid in the TCC
The Verkhovna Rada Commissioner for human rights Dmytro Lubinets confirmed the existence of a problem with ensuring the constitutional right to professional legal assistance in territorial recruitment and social support centers.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
