Following its consideration in the first reading, the Verkhovna Rada of Ukraine adopted as a basis the Draft Law of Ukraine “On Amendments to the Civil Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine Regarding the Improvement of the Procedure for Considering Cases by the High Anti-Corruption Court” (No. 16043), developed by the National Agency on Corruption Prevention (NACP). The document aims to optimise judicial procedures to ensure the rational use of the judicial resources of the High Anti-Corruption Court (HACC) and improve the effectiveness of mechanisms for the recovery of assets to the state.
As a reminder, the draft law concerns two categories of cases considered by the HACC:
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Civil cases concerning the recognition of assets as unjustified and their recovery into state revenue (civil forfeiture);
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Administrative cases concerning the application of sanctions in the form of recovery of assets belonging to sanctioned persons into state revenue.
Currently, cases in both categories are always heard at first instance by a panel of three judges. The draft law proposes to change this model: as a general rule, cases concerning unjustified assets will be heard by a single judge, with the possibility of consideration by a panel of judges in cases specified by law. Administrative cases concerning the recovery of assets belonging to sanctioned persons are proposed to be heard by a single judge. The legislative amendments also ensure legal certainty for proceedings already initiated: cases opened before the Law enters into force will be considered under the rules that were in effect before its entry into force.
The draft law is also of strategic importance for fulfilling Ukraine's international commitments. Its adoption is linked to the implementation of the Ukraine Plan under the Ukraine Facility programme and the possibility of securing EUR 124 million in European Union funding. The effectiveness of anti-corruption institutions and the proper pace of judicial proceedings are important components of Ukraine's progress towards European integration and are in line with the European Commission's recommendations in the context of EU accession.
The NACP hopes that the draft law will be adopted in the second reading and as a whole as soon as possible, as its further adoption will help strengthen the capacity of the HACC and improve the effectiveness of mechanisms for the confiscation of unjustified assets and assets belonging to sanctioned persons.
The Agency also expects that another important legislative step by Members of Parliament will be to bring the draft Anti-Corruption Strategy for 2026–2030 to a vote in the Verkhovna Rada of Ukraine. Its adoption will establish the foundations of state anti-corruption policy for the next five years. The timely adoption of the Strategy is necessary to fulfil Ukraine's international commitments, particularly under the Ukraine Facility and the Roadmap on the Rule of Law.
