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Publication date: 24.05.2024
The Law simplifying the work of the High Anti-Corruption Court entered into force
On May 16, 2024, Law No. 3655-IX "On Amendments to Article 31 of the Criminal Procedure Code of Ukraine on Improving the Procedure for Conducting Criminal Proceedings" entered into force. This law aims to simplify the work of the High Anti-Corruption Court (HCC) and improve the procedure for handling criminal cases.
The main changes introduced by the Law
A new procedure for consideration of cases at VAKS
The press service of the Apparatus of the Verkhovna Rada reported that Law No. 3655-IX significantly simplifies the work of the VAKS. Before its adoption, courts of first instance considered cases in the composition of three judges. From now on, VAKS judges will be able to consider cases alone. This innovation will reduce the burden on judges and speed up the consideration of cases.
New requirements for local courts
In addition, the Law foresees new cases when judges of local courts must hear cases collegially, in the composition of three judges. This applies to serious crimes punishable by imprisonment for more than ten years, as well as crimes in which high-ranking officials are accused.
Removal of the twelfth part from Article 31 of the Criminal Procedure Code of Ukraine
Article 31 of the Criminal Procedure Code of Ukraine excludes the twelfth part, which established the specifics of criminal proceedings in the Criminal Investigation Department and provided for the mandatory formation of a panel of three judges. Now these provisions are no longer mandatory, which allows for a more flexible approach to the consideration of cases.
When cases will be considered collegially
Despite the general simplification, the Law provides that criminal proceedings in the court of first instance will be conducted collegially in the composition of three judges at the request of the accused in the following cases:
Serious crimes: Crimes punishable by imprisonment for more than ten years.
Crimes of high-ranking officials: Crimes charged with:
The President of Ukraine, whose powers have been terminated
People's Deputy of Ukraine
Prime Minister of Ukraine
Member of the Cabinet of Ministers of Ukraine
Secretary of the National Security and Defense Council of Ukraine
Prosecutor General
The Deputy Prosecutor General is the head of the Specialized Anti-Corruption Prosecutor's Office
Head of the Security Service of Ukraine
Director of the State Bureau of Investigation
Director of the National Anti-Corruption Bureau of Ukraine
Head of the National Agency for the Prevention of Corruption
Head of the Antimonopoly Committee of Ukraine
Chairman of the National Bank of Ukraine
Head of the Accounting Chamber
Head of the State Property Fund of Ukraine
Chairman of the Central Election Commission
Commissioner of the Verkhovna Rada of Ukraine on human rights
Chairman and judges of the Constitutional Court of Ukraine
Chairman of the Supreme Court
Heads of higher specialized courts
Chairman of the Supreme Council of Justice
Transitional provisions
The law also takes into account the issue of the transition period.Court proceedings in criminal proceedings that began before the entry into force of this Law and are conducted collegially in the court of first instance, are continued and concluded by the collegial composition of the court, determined before the entry into force of this Law, according to the rules that were in effect before the day of its entry into force.
In the case when the collegial composition of the court has already been determined in the criminal proceedings that began before this Law came into force, but the preparatory court session has not yet been completed, the trial will be conducted according to the new rules. That is, the case will be considered individually, with the exception of cases when the accused submits a corresponding petition and belongs to the list of top officials specified in the Law.
Expected consequences and advantages of the new Law
Acceleration of cases
Due to the possibility of one-person consideration of cases, a significant acceleration of judicial processes in the VAKS is expected. This is especially important for the effective fight against corruption, since delaying court proceedings often plays into the hands of the accused. You may be interested in the following articles: lawyer consultation, lawyer consultation, document analysis, legal analysis of the situation, written consultation, document review by a lawyer, lawyers documents, help lawyer online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online.
Reducing the burden on judges
Reducing the number of collegial proceedings will allow the judges of the Chamber of Commerce and Industry to focus more on complex and high-profile cases that require a collegial approach. It will also reduce the burden on judges, which will positively affect the quality of court proceedings.Flexibility in processing cases
The new Law provides more flexibility in the process of considering cases. The possibility of choosing between individual and collegial proceedings, depending on the circumstances of a particular case, will allow more efficient use of judicial resources.
Conclusion
The entry into force of Law No. 3655-IX is an important step in reforming the judicial system of Ukraine and improving the work of the High Anti-Corruption Court. Simplifying the process of considering cases, reducing the burden on judges and speeding up court proceedings will contribute to a more effective fight against corruption and increase citizens' trust in the judicial system.
The new provisions of the Law also take into account the need to protect the rights of the accused, especially in cases involving high-ranking officials or serious crimes. This will ensure a balance between the efficiency of judicial processes and the fairness of the trial.
In general, the adoption of this Law is a positive step in the direction of strengthening the rule of law and increasing the effectiveness of the fight against corruption in Ukraine.
