This law simplifies the prosecution of the investigator, prosecutor, law enforcement officer who took unlawful decisions on the opening of criminal proceedings and which were subsequently abolished by the court, thus protecting the rights of participants in criminal proceedings and during pre-trial investigation of criminal offenses.
The relevant law No. 2548-VIII (draft law 8490) stipulates that a person whose rights or legitimate interests are restricted during a pre-trial investigation may appeal to an investigating judge with a petition for the closure of such a case if all the terms for which it is possible to conduct a pre-trial investigation from the moment of making information about the crime in the unified register of pretrial investigations until the day the person is informed of the suspicion.
The corresponding application can be filed if there is an unresolved decision of the investigator or prosecutor about the closure of criminal proceedings in case of establishing the absence of a criminal offense or the absence of a criminal offense.
Also, the grounds for filing a petition are the entry into force of the law, which cancels the criminal responsibility for acts committed by a person or in respect of tax obligations of a person who has committed the actions provided for in Article 212 (Evasion of taxes, duties (compulsory payments) of the Criminal Code .
A petition can also be filed in the event of a tax compromise.
The law amended Articles 220, 284, 303, 309 of the CPC in relation to the provision to another person whose rights or legitimate interests are limited during the pre-trial investigation, or his representative, the right to apply to the investigator, the prosecutor for the closure of criminal proceedings, if there is no repealed ruling investigator, prosecutor on the closure of criminal proceedings on the grounds provided for in the CPC, and in case of refusal to satisfy the petition, complain to the investigating judge. It is provided that the determination of the investigating judge to refuse to satisfy the relevant complaint may be appealed in an appeal procedure.
In addition, amendments to Article 307 of the CPC have been introduced, which stipulates that the appointment of an investigating judge who is satisfied with a complaint against a decision, action or inaction of a pre-trial investigation authority is sent to the head of an organ, an official, an official of which there is an investigator, a prosecutor, for conducting an official investigation and the decision to bring the perpetrators to justice.
The document also introduced amendments to Article 130 of the CPC, Article 1191 of the Civil Code of Ukraine, Articles 2, 4 of the Law "On the Procedure for Compensation of Damage Inflicted by a Citizen on the Unlawful Actions of the Bodies Carrying Out Operative-Investigating Activities, Prudential Investigations, the Prosecutor's Office and the Court", which provides for the possibility the state, in the event of reimbursement of damage caused by the investigator, the prosecutor, at the expense of the state budget, apply the right of invoice to the perpetrators in case of establishing in their actions not only a criminal offense but also if there is sign misconduct on the results of the official investigation conducted by a court decision which granted against the decision, action or inaction of the pre-trial investigation.
We recall that the Verkhovna Rada adopted this law on September 18, 2018.
