We Urge MPs not to Adopt Draft Law 11130 on “Facilitating” HACC Operation

Instead of improving the consideration of corruption cases, draft law 11130 will not allow hearing cases in the HACC more efficiently. It removes the mandatory collegial consideration of cases in the HACC but will not apply to high-ranking officials involved in criminal cases. In addition, the adoption of this draft law will complicate the consideration of cases by local courts of general jurisdiction. 

Among the key deficiencies of the draft law, we see the following: 

1. Single-person consideration of cases in the HACC is not fully implemented, which contradicts our obligations to partners.

After all, there is a list of persons in respect of whom the case may be heard collegially. These include MPs of Ukraine, ministers, judges of the Constitutional Court, the Head of the Supreme Court, the Head of the Antimonopoly Committee, and other high-ranking officials.

A high number of these officials are already involved in NABU cases or have a high chance of being involved. These persons will fall under a collegial trial, regardless of the severity of the criminal offense they are charged with. 

That is, for example, cases against MPs for false declaration may be closed again due to the expiration of the statute of limitations. 

The list of exceptions to a single-person consideration is unclear and may be subject to political bargaining and negotiation. It does not correlate with the Law of Ukraine on Prevention of Corruption and has no connection to the categories established in criminal law.

2.   The changes will also apply to proceedings in local courts of general jurisdiction.

The main array of problems related to the fight against corruption is set out in the State Anti-Corruption Program. It does not separately mention that senior officials feel single-person consideration of cases against them in local courts is biased or partial.

Although the proposed changes were intended to improve the judicial consideration of cases in the HACC, the proceedings in local courts of general jurisdiction will also fall under this innovation.

We urge MPs not to adopt this draft law and to return to the consideration of other legislative initiatives. The parliament already has draft laws that significantly enhance the effectiveness of the HACC and do not cause additional obstacles due to incomprehensible exceptions that will affect the entire criminal justice system.