Yesterday, the Verkhovna Rada Law Enforcement Committee recommended adopting Draft Law No. 13178 as a basis and in its entirety.
We believe that certain provisions of the draft law may enable defendants in corruption cases to avoid trial or delay proceedings under the pretext of contractual military mobilization.
In particular, the draft proposes a new ground for suspending court proceedings—signing a contract with the Security or Defense Forces. Currently, a case can only be suspended in the event of conscription. If the new provision is adopted, defendants facing unfavorable prospects in court may deliberately sign such contracts to evade sentencing.
Secondly, the draft proposes changing the conditions under which a case may be heard in court, taking into account not only the defendant’s ability to participate in hearings, but also their personal willingness. Given the circumstances, it is highly questionable whether defendants will have such a willingness, rather than using it as another tool to delay proceedings.
Following the incident involving former State Fiscal Service head Roman Nasirov’s attempt to “join” the Defense Forces, we called for this loophole to be closed. Unfortunately, MPs now appear to be moving in the opposite direction. For example, in the case of Ruslan Solvar, although he was mobilized under contract, this did not prevent the HACC Appeals Chamber from sentencing him to three years in prison, precisely because such mobilization does not currently suspend court proceedings.
Transparency International Ukraine has repeatedly emphasized the need to amend the law so that court proceedings may only be suspended when a conscript is genuinely unable to participate due to the nature of their military duties. This approach would ensure the uninterrupted administration of justice.
Despite the outlined risks, Draft Law No. 13178 also contains constructive proposals that could streamline certain judicial processes. For instance, the expansion of cases eligible for written proceedings is a positive development. However, the draft should only be supported if the harmful provisions are removed.
Therefore, we urge the Committee to reconvene, address these shortcomings, and submit the revised draft to the Verkhovna Rada only after the necessary corrections have been made.
TI Ukraine has repeatedly emphasized the need to amend the law so that court proceedings may only be suspended when a conscript is genuinely unable to participate due to the nature of their military duties.
