The UBA Committees have made comments on the draft law No. 12406
The UBA Committee on Criminal Law and Criminal Procedural Law and the UBA Committee on Constitutional Law, Administrative Law and Human Rights addressed the Verkhovna Rada Committee on Law Enforcement with amendments to the draft law No. 12406 of 14.01.2025, which provides for amendments to the Criminal Code of Ukraine, the Criminal Procedure Code and the Law of Ukraine «On Sanctions».
The UBA Committees drew attention to several important aspects of the draft law that need to be finalized. Among them are the following:
- The lack of a mechanism in the draft law to ensure the narrowing of the constitutional guarantee of legal aid.
- - The need to clarify the powers of the central executive body responsible for implementing the policy on the seizure of assets of persons subject to sanctions.
- Introduction of a a licensing mechanism (licenses) based on the practice of other countries.
- Improving the rules governing the terms of deprivation of the right to hold certain positions or engage in certain activities.
- Unify the definition of the term «assets» in different legal acts.
- Supplementing the information in the State Register of Sanctions on persons who have intentionally circumvented sanctions.
The draft law was the topic of discussion at the round table of the UBA Committee on Criminal and Criminal Procedural law which took place on January 22, 2025. Link to the recording of the event: https://youtu.be/FgfdK7sXYkE
The committees of the Ukrainian Bar Association asked to consider the proposals to the draft law No. 12406 and noted that they are open to dialogue and ready for further discussion.
For more details on the amendments, please follow the link.