The Committee of the Ukrainian Bar Association is concerned about the draft law on the abolition of pre-trial investigation deadlines
The UBA Committee on Criminal and Criminal Procedural Law addressed the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine, the Verkhovna Rada Committee on Legal Policy and the Verkhovna Rada Committee on Law Enforcement with concerns about Draft Law No. 12367 of 30 December 2024, which provides for the cancellation of the pre-trial investigation period as a ground for closing criminal proceedings after a person has been served with a notice of suspicion.
According to representatives of the UBA Committee, these changes may negatively affect the efficiency and fairness of criminal justice in Ukraine. They emphasised the importance of observing reasonable time limits for pre-trial investigations to ensure human rights and to create a balance between the rights of the accused and the requirements of the criminal process. The representatives of the Committee stressed that the abolition of such a ground for closing a case, as well as a partial reduction of judicial control over the pre-trial investigation timeframe, could lead to abuses by law enforcement agencies and violations of suspects' rights.
Representatives of the UBA Committee also noted that many European countries have similar legal mechanisms to ensure compliance with pre-trial investigation deadlines. In their opinion, introducing changes without proper assessment of the consequences may strengthen the accusatory bias and reduce public confidence in the law enforcement and judicial system.
In addition, the representatives of the UBA Committee drew attention to the importance of taking into account the role of the Bar in criminal proceedings and called for a balanced approach to the development of such legislative initiatives. They stressed the need to cooperate with the professional legal community to create a fair and effective justice system that will facilitate Ukraine's integration into the European Union.
The full text of the UBA Committee's appeal is available by the link (in Ukrainian).