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LAW OF UKRAINE

of November 16, 2022 No. 2751-IX

About modification of the Criminal Procedure Code of Ukraine concerning refining of regulations on recovery of the lost materials of criminal proceedings, cancellation of measure of restraint for passing of military service in the conditions of warlike situation

The Verkhovna Rada of Ukraine decides:

1. Bring in the Criminal Procedure Code of Ukraine (Sheets of the Verkhovna Rada of Ukraine, 2013, Art. No. No. 9-13, 88) the following changes:

1) in Article 615-1:

add part one with words "and also materials of criminal proceedings in which the indictment, the petition for application of enforcement powers of medical or educational nature, the petition for release of person from criminal liability is taken to court however preparatory judicial session did not take place; proceedings are initiated, however the judgment by results of its consideration is not made; the court makes the decision, however it did not take legal effect";

the second to state part in the following edition:

"2. Materials of criminal proceedings, are not directed with the indictment, the petition for application of enforcement powers of medical or educational nature, the petition for release of person from criminal liability to court, and also materials of criminal proceedings in which the indictment, the petition for application of enforcement powers of medical or educational nature, the petition for release of person from criminal liability is taken to court, however preparatory judicial session did not take place; proceedings are initiated, however the judgment by results of its consideration is not made; the court makes the decision, however it did not take legal effect, are subject to recovery according to the decision of the investigative judge, court in case of receipt of the petition from the prosecutor or the investigator or the investigator approved with the prosecutor or from the party of protection or the victim, or on own initiative court, on condition of statement availability from the Unified register of pre-judicial investigation, or the decree on the beginning of the pre-judicial investigation issued according to the procedure, stipulated in Article the 615th of this Code, or the resolution on purpose of legal proceedings who are available in these criminal proceedings of the corresponding materials of photographing, sound recording, video and other data carriers, and also copies of the documents certified with use of means of the qualified digital signature";

in part three after the words "within which territorial jurisdiction pre-judicial investigation is performed" to add with words "court which performed judicial proceedings", and shall be replaced with words words of "court" "the investigative judge of other court or other court";

the fifth to state part in the following edition:

"5. Based on the collected and checked materials the investigative judge, court takes out determination about recovery of materials of the lost criminal proceedings completely or in part which, in his opinion, needs to be recovered.

In case of insufficiency of collected materials for exact recovery of materials of the lost criminal proceedings the investigative judge, court takes out determination about recovery of materials of the lost criminal proceedings in that amount which, in his opinion, is sufficient for adoption of the judgment which the court completes the corresponding stage of judicial proceedings, or the resolution closes consideration of the petition for recovery of materials of the lost criminal proceedings and explains to participants of legal proceedings the right to the repeated address with such petition in the presence of necessary documents";

2) in Article 616:

the second to add part with the paragraph the second the following content:

"The copy of the resolution on cancellation of measure of restraint for passing of military service during mobilization, for the special period immediately after its announcement is handed to the prosecutor and goes in corresponding the territorial center of completing and social support for place of registration of the suspect, person accused";

in part three:

in paragraph one of the word and figures "no later than 24 hours" shall be replaced with words also in figures "but no later than 48 hours from the moment of announcement of the resolution on cancellation of measure of restraint in the form of detention";

state paragraph two in the following edition:

"In case of absence of such person in the time specified in paragraph one of this part to the relevant territorial center of completing and social support for place of registration, and also in case of receipt of refusal by such person of the territorial center of completing and social support in passing of military service during mobilization, for the special period the territorial center of completing and social support instantly, but no later than 24 hours, informs on such circumstances of the prosecutor. The prosecutor instantly, but no later than 24 hours, submits the petition for election concerning person specified in this part, measures of restraint in the form of detention";

in paragraph three of the word "it is assigned to the prosecutor" shall be replaced with words "and by accomplishment by the suspect, the person accused of the obligation provided by paragraph one of this part it is assigned to the prosecutor and the relevant territorial center of completing and social support".

2. This Law becomes effective from the date of, its publication following behind day.

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