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Significant changes in the investigation of criminal offenses

The Law of Ukraine No. 2147-VIII of 03.10.2017 On Amendments to the Economic Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Court Procedure of Ukraine and Other Legislative Acts (hereinafter - the "Law No. 2147-VIII") introduced significant changes to pre-trial investigation of criminal offenses. In particular:

• establishing of limitation of pre-trial investigation period prior to giving to a person a suspicion notice. Now, upon the expiry of such period, the criminal proceedings shall either be closed or sent to the court for consideration;

• decision on calling for an expert evidence shall be made solely by the investigating judge upon the request of the party to the criminal proceedings (investigator, prosecutor, victim, suspected person, etc.);

• when making a search an attorney shall be allowed at any stage. The only condition is confirmation of its powers by the relevant documents.

• it is established that a person's search shall not begin without an attorney. Exception - if the defender did not arrive within three hours.

• search of person’s dwelling or other possessions must be audio and video recorded.

• suspicion notice can be appealed and canceled during pre-trial investigation.

KPD Consulting Law Firm is a Ukrainian independent full-service law firm established in 2007 for the purpose of rendering cost and time efficient high-quality services to the Clients. We are focused on the business needs of the corporate Clients – leading local and multinational companies operating in Ukraine from various industries. As the full-service law firm we are especially strong in corporate law, M&A, banking & finance, tax law, real estate and construction matters, intellectual property, white collar crimes and dispute resolutions that perfectly address various demands of our Clients. More information is at www.kpdconsulting.com.ua.

Kyrylo Kazak

Partner

KPD Consulting

 

 

Should you have any questions with respect to above or require any additional information, please do not hesitate to contact Mr. Kyrylo Kazak (k.kazak@kpdconsulting.com.ua). We will be pleased to assist You.

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