The UBA Committee on Criminal and Criminal Procedural Law addressed the Verkhovna Rada Committee on Legal Policy with a number of comments on the Draft Law No. 12439 dated 24.01.2025, which aims to improve the guarantees of protection of business entities in criminal proceedings. The draft law provides for a number of amendments to the Criminal Procedure Code of Ukraine, which should improve the situation in criminal proceedings and ensure equality of arms.

In its appeal, the UBA Committee on Criminal and Criminal Procedural Law noted that the draft law contains a number of positive novelties, such as amendments to various articles of the CPC of Ukraine, which improve the rights of victims and the defense.

At the same time, there are provisions that need to be finalized. One of the main comments concerns the lack of amendments to Article 56(1)(2) of the CPC of Ukraine, which may limit the rights of the victim. There are also a number of provisions that narrow the rights of the defense and business, in particular, regarding the recording of searches, return of property, change of jurisdiction and other aspects. According to the UBA Committee, despite the generally positive content, the draft law needs to be detailed and adjusted. In view of this, the UBA Committee offers for consideration the comments made in this appeal, as well as a detailed expert analysis of this draft law by members of the Council of the UBA Committee on Criminal and Criminal Procedural Law by the link.

The Committee's experts also pointed out the need to supplement the draft law with provisions that will help counteract investigative abuses and protect business interests. In particular, it is about the possibility of appealing against search warrants, the openness of court decisions, as well as the consolidation of rules that will ensure more effective protection of the rights of business entities in criminal proceedings. Experts emphasized that the draft law has the potential to improve the situation in the criminal justice system, but needs further clarification and improvement to truly contribute to the rule of law and human rights in Ukraine.

The full text of the appeal is available at the link