1. Fundamental changes in the regulation of property seizure
Time limits and extension procedure
The draft law introduces revolutionary changes in the terms of property seizure. For the first time, a maximum term of arrest is established - no more than two months at the stage of pre-trial investigation. At the same time, the possibility of extending this term within the term of pre-trial investigation is provided for.
To extend the term of arrest, the investigator, inquirer or prosecutor must submit a corresponding petition no later than five days before the expiration of the previous resolution. It is important that the draft law establishes clear criteria for refusing to extend the term of arrest:
· if it is not proven that the circumstances that served as the basis for the arrest of property continue to exist;
· if the prosecution does not prove that it was unable to achieve the goals of the arrest by other means.
Protection of the interests of employees
A fundamentally important amendment is the requirement for the investigating judge and the court to take into account, when imposing an arrest on the property of a legal entity, the need to ensure further opportunities:
· payment of wages to employees;
· making mandatory payments to the budget.
Mechanism for canceling the arrest
The draft law regulates in detail the procedure for canceling the arrest of property:
· After the expiration of the term specified in the resolution, the arrest is considered automatically canceled.
· The resolution on canceling the arrest must necessarily indicate the term for the return of the property (no more than 30 days).
2. Improving the search procedure
Expanding protection guarantees
The draft law significantly strengthens procedural guarantees when conducting searches:
· The investigator and prosecutor are obliged to ensure the presence of persons whose rights may be restricted.
· The mandatory participation of specialists in searches related to electronic information systems is introduced.
Procedural improvements
Important changes concern the search procedure:
· Before the start of the search, the person must be offered to voluntarily hand over the searched items.
· The obligation to provide a second copy of the protocol along with a description of the seized items is established.
3. Expanding the rights to familiarize themselves with the case materials
New procedural possibilities
The draft law significantly expands the rights of participants in the process to access the materials of the pre-trial investigation:
· A five-day period is established for providing materials for familiarization.
· Refusal to provide publicly available documents, the originals of which are in the materials of the pre-trial investigation, is prohibited.
4. Procedure for appealing the subject matter of the investigation
The draft law introduces a fundamentally new instrument of protection - the right to appeal the subject matter of the criminal proceedings. This right is granted to:
· the suspect;
· the defense attorney;
· the representative of the legal entity against which the proceedings are being conducted.
The procedure for considering a complaint includes:
· Submission of a petition to a higher-level prosecutor.
· A 10-day period for considering the petition.
· The prosecutor's obligation to issue a reasoned resolution on determining subject matter of the investigation or on refusal.
5. Reforming the Institute of Expertise
The draft law expands the list of persons who may initiate the involvement of an expert. This right is granted to:
· the court;
· the investigating judge;
· the parties to the criminal proceedings;
· the victim.
New rules for considering motions for expert examination are also established:
· Mandatory notification of the suspect and defense attorney about the consideration.
· Possibility of consideration without the participation of the prosecutor, investigator or inquirer, if their absence is not justified by good reasons.
6. Introduction of the institution of a separate resolution
For the first time in criminal proceedings, the institution of a separate resolution of the investigating judge and the court is being introduced. A separate resolution may be issued in cases of:
· violation of procedural duties;
· improper performance of procedural duties by participants in the proceedings.
Requirements for content
The draft law establishes clear requirements for the content of a separate resolution:
· indication of the violated law or regulatory legal act;
· specification of the nature of the violation;
· establishment of a deadline for providing a response on the measures taken.
Conclusion
The proposed changes have a significant impact on the criminal process, especially in terms of business protection. They are aimed at:
· Increasing the transparency of investigations and court decisions.
· Protecting entrepreneurs from undue pressure.
· Strengthening the responsibility of law enforcement agencies for procedural violations.
· Accelerating procedural actions and establishing clear deadlines for their consideration.
If the Verkhovna Rada adopts these changes, entrepreneurs will receive more legal tools to protect their interests. At the same time, the effectiveness of the new law will depend on law enforcement practice and the readiness of the judicial system to comply with the updated procedures.
Time limits and extension procedure
The draft law introduces revolutionary changes in the terms of property seizure. For the first time, a maximum term of arrest is established - no more than two months at the stage of pre-trial investigation. At the same time, the possibility of extending this term within the term of pre-trial investigation is provided for.
To extend the term of arrest, the investigator, inquirer or prosecutor must submit a corresponding petition no later than five days before the expiration of the previous resolution. It is important that the draft law establishes clear criteria for refusing to extend the term of arrest:
· if it is not proven that the circumstances that served as the basis for the arrest of property continue to exist;
· if the prosecution does not prove that it was unable to achieve the goals of the arrest by other means.
Protection of the interests of employees
A fundamentally important amendment is the requirement for the investigating judge and the court to take into account, when imposing an arrest on the property of a legal entity, the need to ensure further opportunities:
· payment of wages to employees;
· making mandatory payments to the budget.
Mechanism for canceling the arrest
The draft law regulates in detail the procedure for canceling the arrest of property:
· After the expiration of the term specified in the resolution, the arrest is considered automatically canceled.
· The resolution on canceling the arrest must necessarily indicate the term for the return of the property (no more than 30 days).
2. Improving the search procedure
Expanding protection guarantees
The draft law significantly strengthens procedural guarantees when conducting searches:
· The investigator and prosecutor are obliged to ensure the presence of persons whose rights may be restricted.
· The mandatory participation of specialists in searches related to electronic information systems is introduced.
Procedural improvements
Important changes concern the search procedure:
· Before the start of the search, the person must be offered to voluntarily hand over the searched items.
· The obligation to provide a second copy of the protocol along with a description of the seized items is established.
3. Expanding the rights to familiarize themselves with the case materials
New procedural possibilities
The draft law significantly expands the rights of participants in the process to access the materials of the pre-trial investigation:
· A five-day period is established for providing materials for familiarization.
· Refusal to provide publicly available documents, the originals of which are in the materials of the pre-trial investigation, is prohibited.
4. Procedure for appealing the subject matter of the investigation
The draft law introduces a fundamentally new instrument of protection - the right to appeal the subject matter of the criminal proceedings. This right is granted to:
· the suspect;
· the defense attorney;
· the representative of the legal entity against which the proceedings are being conducted.
The procedure for considering a complaint includes:
· Submission of a petition to a higher-level prosecutor.
· A 10-day period for considering the petition.
· The prosecutor's obligation to issue a reasoned resolution on determining subject matter of the investigation or on refusal.
5. Reforming the Institute of Expertise
The draft law expands the list of persons who may initiate the involvement of an expert. This right is granted to:
· the court;
· the investigating judge;
· the parties to the criminal proceedings;
· the victim.
New rules for considering motions for expert examination are also established:
· Mandatory notification of the suspect and defense attorney about the consideration.
· Possibility of consideration without the participation of the prosecutor, investigator or inquirer, if their absence is not justified by good reasons.
6. Introduction of the institution of a separate resolution
For the first time in criminal proceedings, the institution of a separate resolution of the investigating judge and the court is being introduced. A separate resolution may be issued in cases of:
· violation of procedural duties;
· improper performance of procedural duties by participants in the proceedings.
Requirements for content
The draft law establishes clear requirements for the content of a separate resolution:
· indication of the violated law or regulatory legal act;
· specification of the nature of the violation;
· establishment of a deadline for providing a response on the measures taken.
Conclusion
The proposed changes have a significant impact on the criminal process, especially in terms of business protection. They are aimed at:
· Increasing the transparency of investigations and court decisions.
· Protecting entrepreneurs from undue pressure.
· Strengthening the responsibility of law enforcement agencies for procedural violations.
· Accelerating procedural actions and establishing clear deadlines for their consideration.
If the Verkhovna Rada adopts these changes, entrepreneurs will receive more legal tools to protect their interests. At the same time, the effectiveness of the new law will depend on law enforcement practice and the readiness of the judicial system to comply with the updated procedures.
