Informational references
- all topics
- legal policy
- public authority
- National security and defense
- Law-enforcement and judicial activity
- Humanitarian and social policy
- Economic and financial policy
- Branch policy
- Analytical periodicals
Abstract. The informational reference addresses the issue of clarifying the grounds for the expiration of the statute of limitations for criminal liability and the procedure for suspending legal proceedings against persons called up for military service during mobilization, for a special period, or accepted for military service under a contract, in the context of the draft Law of Ukraine (No. 13284, dated 14.05.2025).
The draft law’s compliance with the requirements of the Constitution of Ukraine, the fundamental principles of law-making, the provisions of the current criminal procedural legislation, and the legislation on criminal liability were analysed.
Key words: criminal offense, statute of limitations for criminal liability, military service, mobilization, stay of court proceedings.
05/2025
Abstract. This information note focuses on the state of legislative support for the independence of the judiciary in Ukraine, which is a fundamental principle of a democratic state and determines the status of judges as enshrined in the Constitution of Ukraine. The note details the constitutional guarantees of judicial independence, including: a special procedure for their appointment/dismissal, prohibition of influence, protection of interests, subordination only to the law, special disciplinary responsibility, state funding, security, self-government, and restrictions on activities. Recent legislative changes aimed at improving selection and evaluation procedures, judicial careers, raising standards, and increasing transparency are described. Aspects of disciplinary responsibility as a component of accountability, which must be balanced with independence, are highlighted. The role of the High Council of Justice in responding to cases of interference and influence on judges is noted.
Keywords: rule of law, independence of judges, judiciary, guarantees of independence, High Council of Justice, High Qualification Commission of Judges of Ukraine, selection and appointment of judges, disciplinary liability of judges, status of judges, legislation of Ukraine.
06/2025
Abstract. The informational reference addresses the issues of improving the legal grounds for holding persons authorized to perform state or local government functions accountable in the context of the provisions of the draft law (No. 13271, dated 09.05.2025). Based on the decision of the European Court of Human Rights in the case "Sytnyk v. Ukraine", the draft law is presented as "a necessary step to ensure a balance between effective counteraction to corruption and respect for citizens’ rights, in particular the right to fair, proportional and predictable law enforcement". The draft law was analyzed for compliance with constitutional provisions, requirements of current legislation, and rules of legislative technique; its enforcement risks were assessed.
Key words: administrative liability, criminal liability, declaration of false information, illicit enrichment, subject of declaration, declaration, verification of declarations, exemption from liability.
05/2025
Abstract. The informational reference examines the legal grounds for improving criminal and criminal procedural legislation regarding the procedure for exemption from criminal liability for unauthorized abandonment of a military unit or place of service or desertion, primarily of persons who voluntarily returned to military units and continued to perform military service duties. The above issues are examined in the context of the proposals provided for in the draft law of Ukraine (No. 13260, dated 05.05.2025).
The draft law is considered to comply with the requirements of the Constitution of Ukraine and law-making activity, the fundamental principles of criminal and criminal procedural legislation, and the provisions of the laws of Ukraine that regulate public relations in the field of military service and the performance of military duty by citizens of Ukraine.
Key words: Criminal Code of Ukraine, Criminal Procedure Code of Ukraine, criminal proceedings, martial law, military criminal offenses, unauthorized leaving of a military unit, military service, exemption from criminal liability.
05/2025
Abstract. The informational reference considers ensuring the implementation of the provisions of the draft Law of Ukraine "On the Military Ombudsman" (No. 13266, dated 08.05.2025) in the context of introducing administrative liability for failure to fulfil the lawful requirements of the Military Ombudsman and his inclusion in the list of subjects of Article 344 (Interference in the activities of a state figure) of the Criminal Code of Ukraine in accordance with the draft law No. 13267, dated 08.05.2025.
The draft law’s compliance with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, and the provisions of current legislation on administrative/criminal liability were analysed.
Key words: Military Ombudsman, administrative liability, failure to comply with requirements, interference in activities.
05/2025
Abstract. The informational reference examines the legal grounds for establishing administrative and criminal liability for violation of labor legislation in connection with illegal dismissal and other unlawful actions against employees who provided the competent state authorities with information on violations by the subjects of primary financial monitoring of the requirements of legislation in the field of prevention and counteraction to legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction. The relevant analysis is carried out in the context of the proposals envisaged in the draft law of Ukraine (No. 13238, dated 30.04.2025).
Key words: administrative liability, criminal liability, violation of labour legislation, subject of primary financial monitoring, provision of information, combating money laundering, protection of whistle-blowers, compliance with EU law (EU acquis).
05/2025
Abstract. The informational reference addresses the issue of exemption from administrative penalties for persons who are in military service and participate in hostilities in connection with martial law, for violating the deadlines for pasting a photo card when a citizen reaches the age of 25 and 45 years old in the context of the draft Law of Ukraine (No. 13222, dated 28.04.2025).
Key words: exemption from administrative liability, administrative penalty, military service, combat operations, legal regime of martial law, pasting a photo card, passport of a citizen of Ukraine.
05/2025
Abstract. The informational reference addresses the issue of strengthening the institutional capacity of the Ukrainian Parliament Commissioner for Human Rights and ensuring the effective implementation of his powers in the context of the draft Law of Ukraine (No. 13250, dated 01.05.2025). The draft law’s compliance with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the provisions of the current criminal procedural legislation, and the legislation on administrative and criminal liability was analysed.
Key words: human rights, criminal offense, administrative liability, failure to comply with requirements, obstruction of activities, national preventive mechanism.
05/2025
Abstract. The informational reference examines the legal grounds for improving criminal procedural legislation regarding the conduct of written proceedings, as well as the performance of certain procedural actions under martial law. The research was conducted in the context of the proposals provided for in the above-mentioned draft law of Ukraine (No. 13178, dated 16.04.2025). The draft law is considered to comply with the provisions of the Constitution of Ukraine, the requirements of regulatory drafting techniques, and the fundamental principles of criminal procedural legislation.
The results of the research revealed risks that may hinder the proper implementation of the draft law during law enforcement activities, the achievement of the goal declared therein, aimed at increasing the efficiency of the administration of justice under martial law, and the legislative provision for the trial of criminal proceedings within reasonable time limits.
Key words: Criminal Procedure Code of Ukraine, criminal proceedings, individual procedural actions, written proceedings, courts of appeal and cassation, participants in criminal proceedings.
04/2025
Abstract. The informational reference addresses the issue of clarifying the content of circumstances that exclude criminal unlawfulness of an act committed in connection with the performance of duty to protect the Motherland, independence and territorial integrity of Ukraine, in the context of the draft Law of Ukraine (No. 13146 dated 01.04.2025).
The draft law’s compliance with the requirements of the Constitution of Ukraine, the fundamental principles of lawmaking, and the provisions of current legislation on criminal liability were analyzed.
Key words: criminal offense, illegality of the act, defense of the Fatherland, martial law, repelling aggression.
04/2025