08 October 2015, 12:54
The draft law aims to improve provisions of the Criminal Procedure Code of Ukraine (hereinafter CPC) on compensation of damage resulting from illegal actions of a suspect, defendant, on invalidation of unprincipled use of existing legislative mechanisms to avoid seizure of property, special seizure or compensation of damage, inter alia in case of satisfaction of a civil appeal, taking measures of criminal-legal nature against legal entity, and raise of efficiency of special pretrial investigation.
The draft law offers to amend Articles 170-173, 236, 2971 of the CPC, in particular it offers to:
— allow arrest of property of any persons if it can be used as evidence in criminal proceedings, or if such property can be subject to special seizure;
— allow compensation of damage resulting from a crime, collection to the state revenue of improper advantage obtained or could be obtained by a legal entity;
— unify the list of facilities that may be arrested; set different levels of provision of respective circumstances to arrest property depending on its purpose;
— allow differentiation of notions "size of damage resulting from a crime" and "size of civil plea;"
— allow reduction of a term required to remove discrepancies in the appeal on seizure of property under respective proposal of an investigator, prosecutor or a civil plaintiff;
— specify procedural status of property withdrawn during a search;
— envision possibility to conduct special pretrial investigation into crimes other than the ones envisioned by Section 2 of Article 297-1 of the CPC if investigated within one criminal proceeding, and if separation of crimes materials may affect the comprehensiveness of pretrial investigation and court hearing.
Respective draft law was registered under No. 2540а.