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
Legal defence of military personnel
The model for legal assistance to veterans was discussed at the UNBA
A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.
Guarantees of the practice of law
The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU
The Council of Judges of Ukraine has responded to a letter from the Bar Council of Ukraine regarding the inadmissibility of the High Council of Justice granting immunity to a member of the High Council of Justice — a privilege not provided for by law — as well as regarding violations of constitutional guarantees of the independence of the legal profession and attorney-client privilege.
Interaction
The UNBA and the Ministry of Veterans are expanding their cooperation
War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.
Legislation
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Legal defence of military personnel
Representatives from the Ministry of Veterans Affairs and the UNBA discussed veterans' access to justice
On April 3, a working meeting was held at the Ministry of Veterans Affairs of Ukraine with representatives of the Ukrainian National Bar Association, dedicated to improving the effectiveness of legal protection for war veterans and their families.
Educational events
The right of minors to marry: how judicial oversight works
The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.
Interaction
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity
Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
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