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
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
Educational events
How can an advocate verify that work has been completed if the client refuses to sign the report?
When billing by the hour, the primary document for determining the fee may be a detailed report on the time spent by the advocate and the work performed. To prevent the client from withholding payment, the contract should specify in advance the procedure for submitting and approving such a report.
Interaction
Energy law: the UNBA and the ADMGE have agreed to cooperate
Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.
Court practice
The SC has clarified the different ways to respond to a lawyer's request that is ignored
If there is no response to an advocate’s request, the advocate has the right to file a petition with the Bar Association to hold the person administratively liable. An advocate may challenge the failure to provide information necessary for the provision of legal assistance on behalf of the client, rather than in their own name.
Discussion
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed
The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.
Legal defence of military personnel
The Ministry of Defense has taken into account the UNBA's proposals regarding medical commissions for those released from…
The Ministry of Defense has included in the draft amendments to the procedure for military medical examinations certain proposals from the Ukrainian National Bar Association aimed at simplifying the process of confirming the circumstances of health impairments sustained during captivity and establishing a causal link to the defense of the homeland.
Interaction
The UNBA is developing a concept for a Center for expert research
The Ukrainian National Bar Association has begun work on a concept for a Center for expert research, which is intended to provide advocates and their clients with access to specialized knowledge and the ability to have expert opinions professionally reviewed.
Discussion
Working with non-residents: where tax risks arise for IT-businesses
What are the tax implications of paying a foreign cloud infrastructure provider, and does a Ukrainian specialist’s work on behalf of a non-resident create a risk of establishing a permanent establishment in Ukraine? The answers depend not on the name of the contract or whether the business belongs to the IT sector, but on the actual substance of the transactions.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates