The Bill (Reg.No.1305) introduced by the People´s Deputy, V. Moisyk, seeks to bring Clause 384 of the Procedural Criminal Code of Ukraine in line with the Ruling of the Constitutional Courts of Ukraine No.11-pk of 11 December 2007.
The reporter at the Meeting, People´s Deputy, Volodymyr Moisyk, pointed out the shortcomings of Clause 384 of the Procedural Criminal Code of Ukraine. It allows for an ambiguous application of Paragraph 8, Part Three of Article 129 of The Constitution of Ukraine, and Part Two of Clause 383 of the Procedural Criminal Code of Ukraine, which may lead to violations of Constitutional Rights and freedoms of citizens.
Upon consideration of a Constitutional Appeal by B.P.Kasianenko, concerning the interpretation of Paragraph 8, Part Three of Article 129 of The Constitution of Ukraine, and Part Two of Clause 383 of the Procedural Criminal Code of Ukraine, the Constitutional Courts of Ukraine adopted a Ruling and recommended that The Verkhovna Rada of Ukraine, using a legislative procedure, should bring the provisions of Article 384 of the Procedural Criminal Code of Ukraine in line with this Ruling.
The Bill proposes that a new paragraph is inserted in Part Two of Clause 383 of the Procedural Criminal Code of Ukraine, concerning those persons eligible to submit an Appeal, as follows: ‘persons who appealed against a resolution on a refusal to institute criminal proceedings, apart from those cases laid down in Law, appertaining to the reasons and grounds for refusal to institute criminal proceedings´.
The Committee believes that the passing of this Law will contribute to elimination of the internal contradictions in current legislations, and enhance legal proceedings, primarily through making ambiguous application of the above provisions impossible.