The Cabinet of Ministers of Ukraine approved two draft laws developed by the National Agency on Corruption Prevention (NACP), which provide for the improvement of procedural mechanisms in criminal proceedings and proceedings on administrative offences. The proposed changes aim to counter the abuse of procedural rights leading to delays in criminal proceedings, as well as to enhance the effectiveness of countering corruption-related administrative offences.
Inadmissibility of abuse of procedural rights
The adoption of the Draft Law "On Amendments to the Criminal Procedure Code of Ukraine Regarding the Inadmissibility of Abuse of Procedural Rights" is intended to promote the consideration of criminal proceedings by courts within a reasonable time.
Currently, participants in proceedings can use procedural rights provided by law to delay their consideration, as the provisions of the current Criminal Procedure Code of Ukraine do not provide comprehensive measures for the court to respond to such abuses. Therefore, to ensure proper dynamics of proceedings, the draft law proposes the following changes:
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provide the possibility to leave without consideration repeated motions, applications, and complaints filed by the same person on the same grounds without presenting new circumstances;
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improve the procedure for defence counsel participation and responding to their systematic failure to appear, as well as regulate the procedure for refusing or replacing defence counsel in cases where defence counsel participation is mandatory;
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clarify the consequences of the non-appearance of participants in proceedings and expand opportunities for conducting individual procedural actions in their absence;
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establish procedural safeguards against abuse of the right to appeal and cassation appeal;
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introduce written proceedings and improve the consideration of individual procedural issues without holding a court session;
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enhance the powers of the court and the investigating judge to manage judicial proceedings and determine time limits for speeches by participants in judicial proceedings.
It is worth noting that the proposed changes do not limit the right to defence or judicial review of decisions, but prevent the bad-faith use of procedural rights and ensure timely consideration of cases in accordance with the requirements of criminal procedure legislation.
Improvement of proceedings in cases on administrative offenses
The adoption of the Draft Law "On Amendments to the Code of Ukraine on Administrative Offenses (CUAO) Regarding the Improvement of the Procedure for Bringing to Responsibility for Corruption-Related Administrative Offenses and Certain Other Offenses" will contribute to ensuring the inevitability of administrative liability. The draft law introduces amendments to the CUAO, which, in particular, provide for:
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establishing a prohibition on exemption from administrative liability for certain categories of petty offences due to minor significance;
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improving the approach to determining the beginning of the limitation period for imposing penalties for committing such offences;
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defining clear grounds and procedures for the court to return administrative offence protocols for revision;
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expanding the list of participants in proceedings in cases on corruption-related administrative offences to ensure proper presentation of administrative materials in court;
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procedural possibility of appealing decisions of the court of first instance in this category of proceedings (primarily by the prosecutor and the NACP official who compiled the protocol).
Both draft laws aim to fulfil Ukraine's European integration commitments and are provided for by the Roadmap on the Rule of Law. The draft law on the inadmissibility of abuse of procedural rights also takes into account the recommendations of the European Commission and Ukraine's commitments within the EU accession negotiations to ensure proper dynamics of judicial proceedings.
The NACP counts on the prompt consideration and adoption of both draft laws by the Verkhovna Rada of Ukraine (VRU).
As a reminder, in early September, the Government approved the NACP-initiated Draft Law "On Amendments to the Civil Procedure Code of Ukraine, the Code of Administrative Justice of Ukraine Regarding the Improvement of the Procedure for Case Consideration by the High Anti-Corruption Court" (registered with the VRU on 04.09.2026 under No. 16043).
On September 30, the VRU Committee on Legal Policy recommended that Parliament adopt the draft law as a basis, and on October 6, the Committee on Ukraine's Integration into the European Union determined that this draft law does not contradict Ukraine's international legal obligations in the field of European integration.
