Information note on the Drafts Laws of Ukraine «On amendments to the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine regarding the improvement of the efficiency of plea agreements» (Reg. No. 11340, dated June 14, 2024; No. 11340-1, dated July 01, 2024; No. 11340-2, dated July 01, 2024)
Published on 12 August 2024, 12:12Abstract. The analytical note considers the provisions of the Draft Law of Ukraine «On amendments to the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine regarding the improvement of the efficiency of plea agreements» (No. 11340, dated June 14, 2024), as well as alternative Draft Laws of Ukraine (No. 11340-1, dated July 01, 2024 and No. 11340-2, dated July 01, 2024). In particular, the compliance of draft laws with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of the current criminal procedural legislation of Ukraine and the practice of the European Court of Human Rights in the field of criminal justice is considered.
Based on the results of the research, risks are identified that may further impede the proper implementation of the draft laws in the course of law enforcement activities and the achievement of their stated objectives, which are aimed at improving national legislation on the legal regulation of the grounds and procedure for concluding plea agreements in criminal proceedings concerning corruption and corruption-related criminal offences.
Key words: criminal proceedings, pre-trial investigation, court proceedings, corruption criminal offenses, grave and especially grave crimes, plea agreement, terms of concluding and approving a plea agreement, court verdict, sentencing, fine, imprisonment, release from serving punishment.
07/2024