Publication date: 23.05.2024
The Verkhovna Rada Preliminarily Approved Amendments to the Criminal Procedure Code: What is Provided?
On May 22, the Verkhovna Rada of Ukraine approved in the first reading the draft Law No. 10274 "On Amendments to the Criminal Procedure Code of Ukraine to Correct Technical Deficiencies." This step is aimed at improving and clarifying certain provisions of the Criminal Procedure Code (CPC) that are technical in nature but significantly affect the practice of law enforcement.You may be interested in the following articles: Analysis, consultation, evaluation. legal analysis of the situation, lawyer's consultation, lawyer's consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online.
Main Provisions of the Draft Law
The draft Law No. 10274 proposes several important amendments to the CPC, aimed at eliminating certain technical inaccuracies and regulating some procedural issues. Here are the main provisions of the draft law:
1. Amendments to Part 2 of Article 64-2
In part 2 of Article 64-2, it is proposed to replace the words "by a third party" with "the rights and obligations of a third party." Thus, it will be stipulated that the rights and obligations of a third party, regarding whose property the issue of arrest is being resolved, arise from the moment the prosecutor applies to the court with a motion for the arrest of the property. This clarification will help avoid legal conflicts and ensure clarity in determining the moment when the rights and obligations of a third party in criminal proceedings arise.
2. Amendments to Part 3 of Article 309
In part 3 of Article 309, it is proposed to exclude the words "complaints against." This will regulate the situation where other rulings of the investigating judge (except those specified in parts 1 and 2 of Article 309 of the CPC of Ukraine) are not subject to appeal, and objections against them can be filed during the preparatory proceedings in court. Such clarification will help reduce the number of appeals against interim decisions of investigating judges and increase the efficiency of the judicial review.
3. Amendments to Part 4 of Article 568
In part 4 of Article 568, it is proposed to replace the word "requested" with "requesting." This means that the property specified in paragraph 1 of part 3 of Article 568 of the CPC of Ukraine is not transferred to the requesting party or its transfer may be postponed or temporary if this property is needed for the purposes of civil or criminal proceedings in Ukraine or cannot be taken abroad for other reasons provided by law. This provision is designed to prevent the unjustified removal of property from Ukraine and ensure its use in domestic judicial processes.
Conclusion
The adoption of draft law No. 10274 in the first reading is an important step towards improving the Criminal Procedure Code of Ukraine. The changes proposed by this draft law will contribute to increasing the efficiency of law enforcement, ensuring clarity, and legal certainty in criminal proceedings. It is expected that after further refinement and adoption as a whole, these changes will positively impact the protection of the rights and interests of participants in criminal proceedings and contribute to improving the legal system of Ukraine overall.
