Preventing Abuse Without Abusing Prevention: How to Address Delays in High-Level Corruption Cases

One of the key challenges facing the HACC remains the abuse of procedural rights. Experts from TI Ukraine have examined how this problem is addressed in various European countries.

The timely consideration of cases before the HACC is often hindered by parties’ abuse of procedural rights, creating risks that proceedings may be terminated due to the expiration of limitation periods. In these circumstances, it is critically important to strike a balance: to equip judges with effective tools to prevent manipulation while safeguarding defendants’ right to defense. Since the launch of the HACC, procedural abuse has become systemic. In high-profile cases, the defense frequently resorts to what can be described as “procedural terror”: dozens of unfounded motions for recusal, endless applications and motions, and systematic failures to appear at hearings.  In these circumstances, it is critically important to strike a balance: to equip judges with effective tools to prevent manipulation while safeguarding defendants’ right to defense.

Since the launch of the HACC, procedural abuse has become systemic. In high-profile cases, the defense frequently resorts to what can be described as “procedural terror”: dozens of unfounded motions for recusal, endless applications and motions, and systematic failures to appear at hearings.

Ensuring reasonable timeframes for case consideration is essential so that justice does not turn into an endless process. The European Commission’s 2025 EU Enlargement Report specifically emphasizes the need to reduce obstacles and procedural delays in criminal proceedings. After all, fair justice is not only about a lawful judgment, but also about the timeliness of adjudication.

Overcoming procedural abuse would make the principle of the inevitability of liability effective in practice. This would not only support Ukraine’s fulfillment of its international commitments to the EU but also strengthen public trust in the entire anti-corruption system. More details on this issue and the best European practices for addressing it are available in the article published on the HACC Decided platform.