The relevant committee of the Verkhovna Rada supported amendments to the CPC to protect business
The Draft Law on Amendments to the CPC to Improve Guarantees of Protection of Business Entities in Criminal Proceedings is recommended to be adopted by the Parliament as a basis with further revision.
The respective decision was made by the Verkhovna Rada Committee on Law Enforcement at its meeting on February 19. In addition to MPs, the meeting was attended by the initiators of the project, representatives of the Prosecutor General's Office, the National Police, the National Bar Association of Ukraine, the judiciary and other experts.
As a reminder, draft law No. 12439 provides for:
- expanding the rights of the victim in criminal proceedings by enabling him or her to directly apply to the investigating judge for temporary access to things and documents, order and conduct examinations, etc;
- improving the rules for applying measures to ensure criminal proceedings;
- specifying the grounds for returning temporarily seized property;
- setting a time limit for the return of property after the seizure is canceled.
Vyacheslav Klimov, one of the co-authors of the draft law and a member of the Council for Support of Entrepreneurship under Martial Law (an advisory body to the President of Ukraine), described the document as extremely important for business and long overdue.
The Chairman of the UNBA Committee on Criminal Law and Procedure Anzhelika Moiseeva and a member of the Committee's Council Oleksandr Kudryavtsev supported the legislative initiative. At the same time, they drew attention to the fact that the draft contains a number of inconsistencies that could lead to significant problems in its practical application.
Among the shortcomings, they outlined the vague deadline for serving a motion to seize property, the inconsistency of the provisions of the proposed Article 156 with the current Article 132 of the CPC, the unjustified leaving of a motion for temporary access to things and documents without consideration, imperfect proposals for amendments to the articles relating to entering information into the URPTI, inspection of premises without the permission of the investigating judge, the right of the investigating judge to interrogate persons during the consideration of a motion for measures to ensure criminal proceedings.
The National Police also expressed some comments regarding the suspect's right to change the jurisdiction of criminal proceedings and to enter information into the URPTI, where there is a subjective factor.
Following the discussion, the relevant committee of the Verkhovna Rada unanimously voted to include the draft law on the agenda of the next session of the Verkhovna Rada, to adopt it as a basis with further revision for the second reading.
Popular news
Guarantees of the practice of law
The Verkhovna Rada took another step towards ratifying the Convention on the protection of the profession of advocate
On November 5, the Verkhovna Rada held a working meeting dedicated to the translation of the Council of Europe Convention on the protection of the profession of advocate for its subsequent signing and ratification. The issue was initiated by the Ministry of Foreign Affairs, which drew attention to the key term «lawyer» in the international treaty.
Interaction
NACB is looking for corruption risks in its activities. Advocates are asked to help
The National Anti-Corruption Bureau of Ukraine has launched a survey aimed at gathering information to identify corruption risks in the activities of the National Bureau and prepare an Anti-Corruption Program for 2026–2028.
Interaction
Agreement on the provision of lobbying services: a template for advocates has been developed by the UNBA
The Ukrainian National Bar Association has prepared a model agreement for the provision of lobbying services that complies with the requirements of the relevant law and takes into account the specific features of such activities carried out by persons providing legal assistance.
Greetings
Nana Bakayanova awarded with the Certificate of honor of the Verkhovna Rada of Ukraine
Nana Bakayanova, head of the Department of judicial, law enforcement and advocacy organizations at the Odessa Law Academy and secretary of the disciplinary chamber of the Odessa Region Qualification and Disciplinary Commission, received a Certificate of honor from the Verkhovna Rada of Ukraine.
Discussion
Law and feelings: advocates explore contemporary challenges in family law
Marriage and divorce are not only legal procedures, but also social phenomena that require a responsible approach. The UNBA Committee on family law organized and held a professional discussion on the topic «Conscious» marriage and «prudent» divorce: challenges, risks, consequences».
Practice of law
BCU strengthens its position on the right of advocate to prioritize cases
In legal practice, it is not uncommon for court hearings in different cases to be scheduled at the same time. This raises the question: which case should the advocate attend first, and can the court interfere with this decision?
Edition
Advocate or lobbyist? The UNBA has presented a guide to distinguishing between the professions
The Ukrainian National Bar Association has prepared a guide that helps distinguish between the legal status of an advocate and a lobbyist, explains the limits of permissible activities for each, and prevents possible violations of ethical and legal standards when participating in public policy-making.
Announcements
Essay contest on the synergy of human and artificial intelligence in diplomacy has begun
The Educational and Scientific Institute of International Relations at Taras Shevchenko National University of Kyiv invites students from higher education institutions in Ukraine to participate in the Second All-Ukrainian essay competition on the topic «Modern Ukrainian diplomacy: synergy of human and artificial intelligence in defending national interests».
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