Ukrainian Parliament Adopts EU-Style Criminal Procedure Code
The new Code, which replaces the Soviet-era CPC (introduced in 1961), gives practical effect to the requests made by European bodies for improvements in the way criminal proceedings are handled in Ukraine. It is a further symbol of the democratic development of Ukraine, its respect for the rule of law and its adherence to European values, and was carried out with the particular support and encouragement of the Council of Europe Group of States against Corruption (GRECO) and the Parliamentary Assembly of the Council of Europe (PACE).
The new CPC was proposed to the Verkhovna Rada by the President of Ukraine and features many important new elements. Most notably, the new Code equalises the powers of the defence and prosecution, whereas the previous Code had granted too much power to State prosecution and law enforcement bodies.
The concepts of house arrest and electronic tagging for limited periods, as well as clear bail conditions, have been introduced by the new CPC. Jury trial is also introduced: two judges and three jury members (chosen automatically from a panel of seven people elected by local authorities) hear cases of those alleged to have committed a crime in their area.
In addition, the new Code creates an exhaustive list of crimes and details the bodies that will be responsible for investigation of these crimes. The powers of the National Security Service of Ukraine will be limited to the solution of crimes against the State, terrorism, espionage, illegal drug trafficking, crimes related to radioactive materials and weapons, and war crimes. The State Tax Service of Ukraine will be responsible for investigation of only six crimes, all of which can be punished only with a fine, and for which bail can be used only as a preventive measure. This reform has already been accepted and entered into force on 17 January 2012.
The Prosecutor's Office will no longer be responsible for the investigation of crimes. However, as a transitional measure (for five years), it will be entitled to investigate crimes allegedly committed by law enforcement officers, judges and senior civil servants. A State Anti-Corruption Bureau of Investigation will be created and will take on responsibility for investigation of these crimes, in line with the recommendation of European experts regarding limitation of the powers of the Prosecutor's Office.
Following a resolution adopted by PACE, new measures have been introduced regarding the investigation of crimes allegedly committed by high-ranking officials. Such cases will be heard in the court of the first instance by a panel of three judges, each of whom must have at least five years' experience as a judge and be permanently appointed to that role. Appeals will be heard by a panel of five judges, and cases in the court of cassation by a panel of seven judges, each of whom must have at least ten years' experience as a judge. By introducing these measures, the Verkhovna Rada has ensured that these sensitive cases are handled by judges whose professionalism and independence is beyond question.
Ten key changes contained in the new CPC
