THE CRIM INAL JUSTICE SYSTEM OF UKRAINE
Svitlana Oliynyk

I. POLITICAL SYSTEM OF UKRAINE
Ukraine is a sovereign, independent, democratic, social, legal state. As well Ukraine is a unitary
democratic presidential-parliamentary republic and has a multiparty political system. The basic
institutions of government are the President and the legislative, executive and judicial branches.The
legislative branch consists of the Parliament, which is called the Verkhovna Rada. The executive
branch consists of the Cabinet of M inisters,which is responsible to the President and under control ofand accountable to the Verkhovna Rada of Ukraine.The judicial branch is represented by the generaland special courts of different instances.

II. CRIMINAL JUSTICE SYSTEM OF UKRAINE
A. The Tasks of Criminal Justice of Ukraine
The main tasks of criminal justice are to protect the rights and legal interests of individuals andlegal persons who take part therein as well as a speedy and full detection of crimes, identification of
those guilty and ensuring correct application of law so that anyone who has committed a crime isprosecuted while everyone innocent is not punished.
B. The M ain Principles of Criminal Justice of Ukraine
The main principals of criminal justice are guaranteed by the Constitution of Ukraine:
Legality
Equality of all participants of a trial under the law and before the court
Ensuring that the guilt is proved
Adversarial procedure and freedom of the parties in presenting their evidence to the court andin proving the cogency of the evidence before the court
Prosecution by the prosecutor in court on behalf of the State
Ensuring the right of an accused person to a defence
Openness of trial and its complete recording by technical means
Ensuring appeal and cassation against a court decision save as in cases established by law
The mandatory nature of court decisions
C. Criminal Justice Reform in Ukraine, Legal Aspects
According to the obligations and commitments of Ukraine, which have been taken joining theCouncil of Europe in 1995,the criminal justice system is at the stage of active reformation.In this fielda range of new laws were adopted in Ukraine, for example:
Deputy Head of the Division for International Relations,European Integration and Protocol of the M ain Department forInternational Legal Cooperation and European Integration, Prosecutor Generalʼs Office of Ukraine.

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The Law of Ukraine “On the Judicial System and the Status of Judges”, July 7, 2010 with
amendments from June 9,2013.This Law defines the legal principles of the judiciary and theadministration of justice in Ukraine.
The Law of Ukraine “On the Advocacy and the Bar Activity”,July 5,2012.This Law defines
the legal principles of organization and implementation of advocacy and bar activity in
Ukraine.
The Criminal Procedure Code of Ukraine, came into force since November 20, 2012. The
criminal procedure of Ukraine is absolutelyreformed and answers the international standards.
The Law of Ukraine “
On Amendments of Some Legislative Acts of Ukraine on Issues ofDevelopment of the Activity of the Public Prosecution”, 2012. In view of this, the Law of
Ukraine “
On Public Prosecution”was amended.
These are some of the latest laws which brought transformations into the criminal justice systemof Ukraine.
D. Judicial System of Ukraine
The judicial system of Ukraine comprises courts of general jurisdiction and the court of constitutional jurisdiction.
1. Courts of General Jurisdiction(a) Local courts
Local courts are the courts of the first instance:
Local courts -hear civil, criminal, administrative cases
Local commercial courts -hear cases arising from the commercial relations
Local administrative courts -hear cases of the administrative jurisdiction(b) Appellate courts
Appellate courts are the courts of appeals:
Appellate courts of oblasts (regions), cities Kyiv and Sevastopol, the Appellate Court of theAutonomous Republic of Crimea
Appellate commercial courts -are formed in the appellate districts
Appellate administrative courts -are formed in the appellate districts(c) Higher Specialized Courts
Higher courts are specialized courts of cassation:
The Highest Specialized Court of Ukraine for Civil and Criminal Cases
The Supreme Commercial Court of Ukraine
Higher Administrative Court of Ukraine(d) The Supreme Court of Ukraine
The Supreme Court of Ukraine is the highest judicial body of general jurisdiction:
The Judicial Chamber on Administrative Cases
The Judicial Chamber on Commercial Cases

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The Judicial Chamber on Criminal Cases
The Judicial Chamber on Civil Cases
2. The Court of Constitutional Jurisdiction
The Constitutional Court of Ukraine is the sole body of constitutional jurisdiction in Ukraine,
whose purpose is to guarantee the supremacy of the Constitution of Ukraine as the Basic Law of theState. This Court resolves issues of conformity of laws and other legal acts with the Constitution of
Ukraine and provides the official interpretation of the Constitution of Ukraine and laws of Ukraine.
E. The Public Prosecution of Ukraine
The public prosecution ofUkraine constitutes a single system and headed bythe Prosecutor Generalof Ukraine. The main task of the prosecution in Ukraine is to support the rule of law,protect humanbeings and citizens and the State from illegal encroachments.The functions of the public prosecution
in Ukraine are:Prosecution in court on behalf of the State
Representation of the interests of a citizen or of the State in court in cases determined by law
Supervision over the observance of laws by bodies that conduct operative-investigative
activities, inquiry and pre-trial investigations
Supervision over the observance of laws in the course of execution of court decisions incriminal cases and application of other measures of coercion in relation to the restraint of
personal freedoms of citizens
Supervision over the observance of human and civil rights and freedoms and over the observance of laws regulating these issues by executive power bodies, by local self-government
bodies, their officials, and officers
The Prosecutor General of Ukraine and subordinated prosecutors coordinate combating crime andcorruption with the law-enforcement bodies,security agencies,the tax police,the customs service,themilitary law-enforcement service ofthe Armed Forces ofUkraine and other law-enforcement agencies.
In order to ensure coordination of the above-mentioned bodies the prosecutor shall convoke
coordinating meetings,organize task forces,request the statistical and other relevant information,andparticipate in meetings of the Coordinating Committee for Combating Organized Crime and Corruption
attached to the President of Ukraine.
Also it is necessary to explain the role of the public prosecution in the field of fighting againstorganized crime and ensuring the rule of law at the international level. According to the legislationand international agreements of Ukraine, approved by the Parliament of Ukraine, the Prosecutor
Generalʼs Office is the central authority of Ukraine for mutual legal assistance and extradition incriminal matters (in the pre-trial investigation phase).The Ministry of Justice of Ukraine is determined
as a central authority of Ukraine in the trial phase.

III. CRIM INAL PROCEDURE OF UKRAINE
A. Investigation
1. Agencies Responsible for Criminal Investigation
Investigative jurisdiction (competence)is covered by Article 216 of the Criminal Procedure Code of
Ukraine. The investigators of internal affairs,of bodies of security,of bodies supervising compliancewith the tax legislation conduct pre-trial investigations,as well as investigators from units of the State
Bureau of Investigations of Ukraine,shall engage in pre-trial investigation of the crimes committed by
officials holding a particularly responsible status pursuant to Part One of Article 9 of the Law of
Ukraine “
On Civil Service”and the persons whose positions refer to categories 1-3, judges and law

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enforcement personnel.
At the same time, according to the Transitional Provisions of the Criminal Procedure Code of
Ukraine before the day of entry into force of provisions of the above-mentioned Article 216 of the
Criminal Procedure Code of Ukraine concerning investigative competence of the State Bureau of
Investigations of Ukraine, powers of pre-trial investigation of the criminal offences such as militarycrimes and official crimes, specified in the Criminal Code of Ukraine,shall be exercised by investigators of prosecutorʼ
s offices, which enjoy the powers of the investigators.
2. Whether Public Prosecutors can Command the Above-Mentioned Investigative Agencies Directly in
Criminal Investigations
According to Article 36 of the Criminal Procedure Code of Ukraine, a public prosecutor in thecourse of performing his duties is independent in his procedural activities,and any interference thereinby persons who have no legitimate authority,shall be forbidden.Public prosecutors,while supervising
the compliance with law during pre-trial investigation in the form of providing procedural guidance ina pre-trial investigation, shall have the right to:Start pre-trial investigation if grounds specified in the Criminal Procedure Code are present
Have full access to materials, documents, and other details related to pre-trial investigation
Assign a pre-trial investigation agency to conduct pre-trial investigation
Assign an investigator of the pre-trial investigation agency to conduct within a time limit set
by the public prosecutor, investigatory (detective) actions, covert investigatory (detective)
actions or other procedural actions,or give instructions in respect of conducting such actions,or participate in them, and where necessary, conduct investigatory (search) and procedural
actions in accordance with the procedure set by the Criminal Procedure Code
Assign the conduct of investigatory (search)actions, covert investigatory (search)actions to
the relevant operational units
Institute audits and examinations in accordance with the procedure established by law
Overturn illegitimate and ungrounded rulings of investigators
Initiate with the head ofthe pre-trial investigative agencythe issue ofsuspending the investigator from pre-trial investigation and the appointment of another investigator if grounds specified in the Criminal Procedure Code are present for his disqualification or in case of inefficient
pre-trial investigation
Take procedural decisions in cases specified by the Criminal Procedure Code,including withregard to termination of criminal proceedings and to extending the time limits for the pre-trial
investigation if grounds as prescribed in the Criminal Procedure Code are present
Support or refuse to support the motions of investigators addressed to investigating judges on
the conduct of investigatory (search) actions, covert investigatory (search) actions, otherprocedural actions in cases specified by the Criminal Procedure Code or individually submit
such motions to the investigating judge
Notify the individual of suspicion
Enter civil action for the Government and those individuals who are unable to defend theirrights pursuant to the Criminal Procedure Code and the law due to their physical or economic
circumstances, being underage or elderly age, incompetence or limited legal capacity
Approve or refuse to approve the indictment, submissions on the application of measures of103

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medical or educational nature,modify an indictment drawn up by the investigator or submission above, draw up indictments or motions concerned
Refer to court an indictment, request to enforce measures of a medical nature, request to
enforce compulsory medical or educational measures, or request to discharge an individualfrom criminal liability
Prosecute on behalf of the State in court,resign from supporting public prosecution,alter theaccusation or lay additional accusations according to the procedure specified by the Criminal
Procedure Code
Coordinate requests for international legal assistance or referral ofcriminal proceedings madeby pre-trial investigation authority,or independently file such motion in accordance with theprocedure as set in the Criminal Procedure Code of Ukraine
Commission a pre-trial investigation authority to respond to a request (commission) forinternational legal assistance or criminal referral made by a competent authority of a foreignstate, verify the completeness or legitimacy of procedural actions and also the completeness,
comprehensiveness and objectiveness of investigation under the referred criminal proceeding
Verify the documents concerning surrendering a person (extradition)provided by a pre-trial
investigation authority prior to referring them to a higher level prosecutor, and return these
documents to an appropriate authority with written comments, if these documents are unjustified or fail to meet the requirements of international treaties to which the Verkhovna Rada
(Parliament)of Ukraine consented to be bound or laws of Ukraine
Commission pre-trial investigation authorities with search and apprehension of those individuals who committed a criminal offence outside Ukraine, and carry out specific procedural
actions to surrender (extradite)a person at the request made by a competent authority of aforeign stateAppeal court decisions in a procedure established by the Criminal Procedure Code
Exercise other powers envisaged in the Criminal Procedure Code
3. Whether Public Prosecutors Have the Power to Conduct Their Own Investigations (or Whether
There is an Examining Judge who Oversees the Investigation),and IfSo,Does the Public Prosecutoror the Examining Judge Interview the Suspects and Key Witnesses Directly?
Firstly, please pay attention to the above-mentioned provisions concerning the investigative jurisdiction (competence)covered by Article 216 ofthe Criminal Procedure Code ofUkraine.Also according
to Article 36 of the Criminal Procedure Court of Ukraine, a public prosecutor, while supervising thecompliance with law during pre-trial investigation in the form of providing procedural guidance in a
pre-trial investigation, shall have the right to assign an investigator of the pre-trial investigation
agency to conduct within a time limit set by the public prosecutor, investigatory (detective) actions,covert investigatory (detective)actions or other procedural actions, or give instructions in respect ofconducting such actions, or participate in them, and where necessary, conduct investigatory (search)and procedural actions in accordance with the procedure set by the Criminal Procedure Code. Thismeans that the public prosecutors have right to interview the suspects and key witnesses directly.As
well,public prosecutors have the right to interview these persons when supporting criminal charges incourt, and judges ― during court hearings respectively.
4. The Outline of the Investigative Procedure from the Beginning of Investigation to the Indictment of
the Suspect (Especially the Arrest Procedure and Pre-Indictment Detention Procedure, Including
M aximum Period to Detain the Suspect)(a) Start of the pre-trial investigation
Pre-trial investigation shall start from the moment the information concerned has been entered in
the Integrated Register of Pre-Trial Investigations.By rule,investigators and public prosecutors shall104155TH INTERNATIONAL TRAINING COURSEPARTICIPANTSʼPAPERS
be required immediately but in any case no later than within 24 hours after submission of a reportcontaining information on a criminal offence that has been committed or after they have learned fromany source about circumstances which are likely to indicate that a criminal offence has been committed, to enter the information concerned in the Integrated Register of Pre-Trial Investigations, and toinitiate investigation.The investigator engaged in pre-trial investigation is appointed bythe supervisorof a pre-trial investigation chief.
Conducting pre-trial investigation before entering the information in the Register or without suchentering shall not be permitted and shall entail liability established by law.Inspection of the place ofcrime may be carried out before entering the information in the Integrated Register of Pre-Trial
Investigations, which shall be done immediately after completion of the inspection. If signs of acriminal offence are found on a ship or river craft outside Ukraineʼs borders, pre-trial investigation
shall begin immediately;information on that shall be entered in the Integrated Register of Pre-Trial
Investigations at the first opportunity.
(b) Written notice of suspicion
Written notice ofsuspicion shall be served the dayon which it has been drawn up bythe investigatoror public prosecutor, and if it appears impossible to serve it, in the way prescribed by the Criminal
Procedure Code of Ukraine for serving notifications,written notice of suspicion shall be served on theapprehended person within 24 hours after he has been apprehended. In case a person has not been
served the notice of suspicion after 24 hours elapsed after the moment of his apprehension,such person
is subject to immediate release.Date and time of serving the notice of suspicion,legal qualification of
criminal offence of the commission of which the person is suspected,with indication of Article(Article
part)of Ukraineʼs law on criminal liability,shall be immediately entered by the investigator or publicprosecutor into the Integrated Register of Pre-Trial Investigations.
(c) Time limits for pre-trial investigation
Pre-trial investigation is required to be completed:
Within one month from the date the person concerned is notified of suspicion in committing
a criminal misdemeanour
Within two months from the date the person concerned is notified of suspicion in committing
a crime
The total duration of pre-trial investigation may not exceed:
Two months from the date the person concerned is notified of suspicion in committing acriminal misdemeanour
Six months from the date the person concerned is notified of suspicion in committing a crimeof small or medium gravity
Twelve months from the date the person concerned is notified of suspicion in committing agrave crime or a crime of special gravity
The period between the day of adoption of a ruling to terminate criminal proceedings and the dayof revoking thereof by the investigating judge or of adoption of a ruling to resume criminal proceedings, shall not be included in the time limits specified above.
(d) Measures of restraint
The following are measures of restraint:
Personal commitment
Personal warranty

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BailHouse arrest
Custody
The investigating judge or court shall deny enforcement of a measure of restraint unless aninvestigator or public prosecutor proves that circumstances established in the course of considering the
motion on enforcement of measures of restraint are sufficient for belief that none of the less strictmeasures of restraint specified above,can prevent the risk or risks proved in the course of consideration.At that,the least strict measure of restraint is personal commitment,and the most strict,custody.
M easures of restraint shall be enforced:during pre-trial investigation,by investigating judge upon
motion of investigator approved by public prosecutor,or upon motion of public prosecutor;and during
trial, by the court upon motion of public prosecutor.
(e) Circumstances taken into account in choosing a measure of restraint
To decide on the issue of choosing a measure of restraint,the investigating judge or court,drawing
upon materials submitted by parties to criminal proceedings, is required to assess the totality ofcircumstances including:
Importance ofavailable evidence concerning the commission ofcriminal offence bythe suspect
or accused
Severityofpunishment which can be imposed on the person concerned ifthe suspect or accusedis found guilty of the commission of the criminal offence he is suspected or charged of
Age and state of health of the suspect or accused
Firmness of social relations the suspect or accused has in the place of his permanent residence,
including whether he has a family and dependants
Whether the suspect or accused has the place of permanent employment or study
Reputation of the suspect or accused
Property status of the suspect or accused
Previous convictions of the suspect or accused
Compliance by the suspect or accused with terms of previously enforced measures of restraint,
if anyExistence of the notice that the person concerned is suspected of having committed anothercriminal offence
The amount of property damage, in causing which a person is suspected or accused, or theamount of proceeds, resulting from committing a criminal offence a person is suspected or
accused, and also, the validity of available evidence justifying the appropriate circumstances(f) Keeping a suspect in custody
Custody is an exceptional measure of restraint that shall not apply except as follows:
A person suspected of or charged with an offence the primary punishment for which by law
is a fine in the amount exceeding 3,000 times the minimum citizenʼ
s income,except where thepublic prosecutor has proven that the suspect or accused person failed to fulfil the obligations
imposed upon him when an earlier measure of restraint or failed to comply as prescribed with

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the requirements concerning depositions of bail and submission of documentary proof of suchdeposition
A person with a prior record of convictions who is suspected of or charged with an offence
punishable by imprisonment of up to 3 years, except where the public prosecutor has proventhat such person,when at large,was fleeing pre-trial investigation or trial,obstructed criminal
proceedings or has been notified of suspicion in the commission of another offence
A person without prior convictions who is suspected of or charged with an offence that
according to law is punishable by imprisonment of up to 5 years, except where the publicprosecutor has proven that such person, when at large, was fleeing pre-trial investigation ortrial, obstructed criminal proceedings or has been notified of suspicion in the commission ofanother offence
A person without prior convictions who is suspected of or charged with an offence punishable
by imprisonment of more than 5 years
A person with a prior record of convictions who is suspected of or charged with an offence
punishable by imprisonment of up to 3 years
A person wanted by competent authorities of a foreign state for commission of a criminal
offence in connection with which the issue of extradition to such foreign state for the purposeof instituting criminal proceedings against him or execution of the sentence may be decided,in the manner and on the grounds provided for by the Criminal Procedure Code or aninternational treaty of Ukraine to which the Verkhovna Rada (Parliament)of Ukraine consented to be boundThe investigating judge or court,when making a ruling on application of custody as a measure of
restraint, shall be required to determine an amount of bail sufficient for ensuring that the suspect or
the accused should comply with the duties provided for by the Criminal Procedure Code of Ukraine.
The investigating judge or court,when rendering a decision on application of custody as a measure of
restraint, may put aside a decision on the amount of bail in criminal proceedings:
In the matter of a violent offence or one involving threat of violence
In the matter of an offence causing death of an individual
In regard of the person who has violated the terms of bail selected earlier as a measure of
restraint, within the same set of proceedings(g) Term of validity of the ruling to commit to custody, extend custody
The term of validity of the investigating judgeʼ
s or courtʼs ruling to commit to custody or to extend
custody may not exceed sixty days. Duration of custody shall be calculated from the date of having
been committed to custody,and if commission to custody was preceded by apprehension of the suspect,accused, from the date of apprehension. Time of custody shall include the time spent by the person
concerned in a medical institution while undergoing in-patient psychiatric examination. In case of
repeated commission to custody of a person in the course of the same criminal proceedings, time ofcustody shall be calculated with account of the time of the previous term under custody.
Time of keeping a person in custody may be extended by the investigating judge within the time
limits of pre-trial investigation according to the procedure laid down in the Criminal Procedure Codeof Ukraine. Total duration of custody of the suspect, accused in the course of pre-trial investigation
shall not exceed:Six months in criminal proceedings in respect of crimes of small or medium gravity
Twelve months in criminal proceedings in respect of grave or especially grave crimes

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During investigation,investigative and covert investigative(detective)actions are conducted by theinvestigators.
(h) Forms in which pre-trial investigation should be completed
A person shall have the right to have charges brought against him be reviewed by a court as earlyas possible,or to dismissal of such charges through closure of the proceedings.After a person has been
notified of being a suspect,the public prosecutor is required within the shortest possible time to do oneof the following:
Close criminal proceedings
Submit to court a motion on releasing the person from criminal liability
Submit to court an indictment,motion to impose compulsory medical or educational measures
The public prosecutor shall enter information on completion of pre-trial investigation in the
Integrated Register of Pre-Trial Investigations.
5. Whether InvestigatorsʼInterviews of Suspects are Recorded on Video, and If So, Whether that
Video is Able to Be Used as Evidence to Prove the Defendantʼs Guilt
Article 224 of the Criminal Procedure Code of Ukraine states that photographing, audio and/or
video recording may be made during interviewing.According to Article 104 of the Criminal Procedure
Code of Ukraine, if during pre-trial investigation a procedural action may be recorded with technicalmeans, the appropriate entry should be made in the record.
If interrogation is recorded with technical means, the text of testimony may not be entered in therelevant record on the condition that none of the participants in this procedure insists upon this.In suchcases, entry should be made in the record that the testimony has been recorded on a medium that is
attached to the record. So the answer to this question ― video is able to be used as evidence to provethe defendantʼ
s guilt.
6. Whether the Suspectʼs Attorney can Attend the Interview Conducted by Investigative Organizations
According to Article 46 of the Criminal Procedure Code of Ukraine,defence counsel has a right toparticipate in interviews and other proceedings conducted with the participation ofthe suspect,accused
person, to confidentially meet the suspect prior to the first interview, without authorization of theinvestigator,public prosecutor,court,and,after the first interview,to have such consultations without
any limitation with regard to the number and length ofconsultations.Such consultation maytake place
under visual control of the competent official but in the environment,which precludes wiretapping or
eavesdropping.
7. Whether the Investigators Prepare Reports about the Contents of the Suspectʼs Oral Statement after
Conducting Interviews, and If So, Whether Investigators Provide the Suspect with an Opportunity
to Confirm and Correct Mistakes in Such Documents
During criminal proceedings procedural actions,including suspectʼs oral statements,are recorded ina record (protocol).If the interviewee so desires,he may provide his testimonywritten byhis own hand.
Based on such written testimony, he may be asked additional questions.
Also it is necessary to mention that according to Article 224 of the Criminal Procedure Code of
Ukraine interviewing may not last more than two hours without breaks, and in the aggregate morethan eight hours per day. Before being interviewed, the person of the individual concerned is established;his rights and the way in which interviewing is conducted are explained.If the suspect refuses
to answer questions,the interviewer is required to stop immediately.The interviewee may use his own
documents and notes during interviewing if his testimony involves any calculations other informationdifficult to keep in memory.
A person is allowed not to answer questions with regard to circumstances in whose respect there
is a direct prohibition in law (secrecy of confession, medical secrets, defence counselʼ
s professional

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secrets,secrecy of deliberation room,etc.),or which may become grounds for suspicion,accusation ofcommission by himself, his close relatives or family members of criminal offence, as well as withregard to officials who conduct covert investigative (detective)actions and persons who confidentiallycooperate with pre-trial investigation agencies.
8. Searches, Seizures and Other Investigations That Require Warrants
Procedural acts which need an investigating judgeʼ
s ruling taken on the grounds provided in publicprosecutorʼs or investigatorʼ
s requests are:(a)Investigative (detective, search) actions
Search of home or any other possession of a person
Inspection of home or any other possession of a person
Investigative experiment(b) Covert investigative (detective) actions
Interference in private communication:
Audio, video monitoring of an individual
Arrest of correspondenceCollecting information from telecommunication networks
Inspecting publicly inaccessible places, home or any other possession of a person
Establishing the location of a radio electronic device
Covertly obtaining samples, which are necessary for comparative analysis(c) Other procedural actions
M easures to ensure criminal proceedings (summons by investigator, public prosecutor, court
summons and compelled appearance;imposition of pecuniary penalty;temporary restriction
on a special right;suspension from position; provisional access to objects and documents;
provisional seizure of property;attachment of property)
M easures of restraint (personal commitment;personal warranty;bail;house arrest;custody)
Entering home or any other possession of a person
B. Trial
1. Procedures at Trial (Step-by-Step from Indictment to Sentencing)
Court proceedings:
Preparatory court session
Court hearing
Taking court decision
Announcement of court decision
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Criminal proceedings in court of cassation
Revision of judgements by the Supreme Court of Ukraine
Criminal proceedings upon discovery of new circumstances
2. Whether there is the System of Plea-Bargaining, Immunity of Witnesses, Etc.
A special chapter of the Criminal Procedure Code of Ukraine is devoted to the criminal proceedings
based on agreements. The following types of agreements may be concluded in criminal proceedings:
reconciliation agreement between the victim and the suspect or the accusedplea agreement between the public prosecutor and the suspect or the accused about pleading
guilty(a)Initiation and conclusion of agreement
The reconciliation agreement may be concluded on the initiative of the victim, the suspect or theaccused. Arrangements in respect of the reconciliation agreement may be made independently by thevictim and the suspect or the accused,the defence counsel and a representative or with the assistanceof another person as agreed between the parties to criminal proceedings (except for the investigator,
public prosecutor or judge).
The plea agreement may be concluded upon initiative of the public prosecutor or the suspect or theaccused. The reconciliation agreement between the victim and the suspect or the accused may beconcluded in proceedings in respect ofcriminal misdemeanours and crimes ofminor or medium gravity,and in criminal proceedings in the form of private prosecution.
The plea agreement between the public prosecutor and the suspect or the accused may be concluded
in proceedings in respect of criminal misdemeanours, as well as crimes of minor or medium gravity,
grave crimes,perpetration of which caused damage only to state or public interests.Conclusion of theplea agreement in criminal proceedings with the participation of the victim shall not be allowed.
Conclusion of a reconciliation agreement or a plea agreement may be initiated at any time between
the moment of notifying the person of the suspicion and retirement of judges into the deliberation room
to pass the sentence/judgement. In case of failure to reach an agreement, the fact of initiatingconclusion of the agreement and the statements which were made to arrive at an agreement may not
be considered as refusal from prosecution or pleading guilty.
The investigator and the public prosecutor shall be required to inform the suspect and the victim
about their right to reconciliation,explain to them the mechanism of its realization,and not to impedeconclusion of the reconciliation agreement. In case criminal proceedings are conducted in relation toseveral persons who are suspected or accused of committing one or several criminal offences,and not
all suspects or the accused agreed to conclude the agreement,such agreement may be concluded with
one of the (several)suspects or the accused. Criminal proceedings in relation to the person (persons)with whom agreement was reached shall be subject to disjoining in separate proceedings. In caseseveral victims,who suffered from one(the same)criminal offence,participate in the criminal proceedings,the agreement may only be concluded and approved with all victims.In case several victims,who
suffered from different criminal offences, participate in the criminal proceedings, and not all of themagreed to conclude the agreement, such agreement may be concluded with one (several) victims.
Criminal proceedings in relation to the person (persons) with whom agreement was reached shall be
subject to disjoining in separate proceedings.
(b) Circumstances to be considered by the public prosecutor when concluding a plea agreement
When making a decision on the conclusion of a plea agreement, the public prosecutor shall be
required to take into consideration the following circumstances:
Degree and nature of cooperation on the part of the suspect or the accused in conducting

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criminal proceedings regarding him or other persons
Nature and severity of the charges brought (suspicion)
Availability of public interest in ensuring a faster pre-trial investigation and trial, anddetection of more criminal offences
Availability of public interest in prevention, detection and termination of more criminal
offences or other more serious criminal offences(c) Content of a reconciliation agreement
A reconciliation agreement shall indicate its parties,statement of the suspicion or charges and theirlegal determination with the reference to the article (paragraph of the article)of the Law of Ukraineon criminal liability,the circumstances essential for the criminal proceedings concerned,the amount ofdamage caused by criminal offence, the time period for its compensation or the list of actions otherthan compensation,which the suspect or the accused is required to take in favour ofthe victim,the time
period for completion of such actions,agreed punishment and consent of the parties to the impositionof that punishment or to the imposition of a punishment and relief from serving the punishment onparole,the implications of conclusion and approval of the agreement and implications ofnon-executionof the agreement. The agreement shall indicate the date of its conclusion and shall be signed by theparties.
(d) Content of a plea agreement
A plea agreement shall indicate its parties, statement of the suspicion or charges and their legal
determination with the reference to the article (paragraph of the article) of the Law of Ukraine on
criminal liability, the circumstances essential for the criminal proceedings concerned, unconditional
admission by the suspect or the accused of his guilt in committing criminal offence,the duties (obligations)of the suspect or the accused regarding cooperation in detection ofthe criminal offence perpetrated by other person (provided the corresponding arrangements took place), agreed punishment andagreement of the suspect or the accused to imposition of such punishment (sentencing)or to impositionof a punishment (sentencing) and relief from serving the punishment on parole, the implications ofconclusion and approval of the agreement and implications of non-execution of the agreement. The
agreement shall indicate the date of its conclusion and shall be signed by the parties.
(e) Implications of conclusion and approval of an agreement
Conclusion and approval of a reconciliation agreement shall have the following implications:(i) For the suspect or the accused ― restriction ofhis right to appeal against a sentence and waiverfrom the rights ― keep silence;be represented by the defence counsel,including getting legal assistancefree of charge in accordance with the procedure and in the cases stipulated by law,or conduct his own
defence;examine, during trial, witnesses for the prosecution, file motions to summon witnesses, andproduce evidence in his favour(ii) For the victim ― restriction of his right to appeal against a sentence and deprivation of theright to demand, at a later date, making the person criminally liable for the corresponding criminal
offence and to change his claims for compensation for the inflicted damage(f) Judgement based on an agreement
If the court makes sure that the agreement may be approved,it shall pass the judgement by which
it approves the agreement and imposes the punishment agreed between the parties.The reasoning partof the judgement based on the agreement must contain:statement of the charges with the reference tothe article (paragraph of the article)of the Law of Ukraine on criminal liability, which concerns thecriminal offence in perpetration of which the person was accused;information about the concluded
agreement, its details, content and the imposed punishment;reasons from which the court proceeded
when deciding on compliance of the agreement with the Criminal Procedure Code and the law andpassing the judgement, and the legal provisions the court was guided by.

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The operative part of the judgement based on the agreement must contain the decision on approvalof the agreement with indication of its detail,decision on the guilt of the person with reference to thearticle (paragraph of the article)of the Law of Ukraine on criminal liability,decision on imposition of
the punitive measures agreed between the parties for each of the charges and the final punishment,aswell as other data/information. Judgement based on the agreement may be appealed against inaccordance with the procedure stipulated in the Criminal Procedure Code of Ukraine.
(g) Implications of non-execution of the agreement
In case of non-execution of the reconciliation agreement or plea agreement,the victim or the publicprosecutor,respectively,shall have the right to address the court,which approved such agreement,withthe motion to revoke the judgement (sentence).The motion for revocation of the judgement,by which
the agreement was approved, may be filed within the statutory period of limitations established formaking the person criminally liable for perpetration of the corresponding criminal offence.
The motion for revocation of the judgement, by which the agreement was approved, shall be
examined in court session with participation of the parties to the agreement and with notification ofother participants in the court proceedings.Absence ofother participants in court proceedings shall notpreclude such examination.
The court,by its ruling,shall revoke the judgement by which the agreement was approved,provided
the person who filed the corresponding motion proves that the convict failed to fulfil the terms andconditions of the agreement.The revocation of the judgement shall entail fixing a trial in accordancewith the regular procedure,or returning the materials of proceedings for the completion of the pre-trial
investigation in accordance with the regular procedure if the agreement was initiated at the stage ofthe pre-trial investigation.
The ruling on revocation of the judgement by which the agreement was approved,or on the refusal
to do so may be appealed against in accordance with the appeal procedure. Deliberate non-executionof the agreement shall be the reason for making the person criminally liable under the law.
3. Whether All Evidence Collected and Documents Prepared by Investigators Are All Referred to theJudge after Indictment (or Does the Prosecutor Choose and Submit the Best Evidence Appropriate
to Prove Defendantʼs Guilt to the Court)
All evidence and documents collected by the investigator are referred to the court, and publicprosecutors do not choose some evidence among all.At the same time,evidence must be adequate andadmissible. In criminal proceedings, evidence is factual knowledge, which has been obtained in aprocedure prescribed in the Criminal Procedure Code on grounds of which the investigator, publicprosecutor,investigating judge and court establish the presence or absence of facts and circumstances
which are important for the criminal proceedings and are subject to be proved.
Evidence is adequate if it directly or indirectly confirms the presence or absence of circumstances
to be proved in criminal proceedings and other circumstances which are important for the criminal
proceedings, as well as credibility or non-credibility, possibility or impossibility of using other evidence. Evidence is found admissible if obtained through a procedure prescribed in the Criminal
Procedure Code. Inadmissible evidence may not be used in adopting a court judgement.
4. Whether Prosecutors Prepare Their Witnesses Before Trial,for Example,Meeting with Witnesses
and Testing Their Statements through Questions and Answers
The public prosecutors do not prepare witnesses before the trial.
5. How Confession of the Suspect is Regarded at Trial If the Defendant Withdraws the Confession
The confession ofthe suspect is considered bythe court as circumstances mitigating punishment andnot as circumstances aggravating punishment. It is a right of the person to admit or to deny his/herguilt.

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6. Whether There Are Any Cases in which Evidence Collected through Investigation Is Not Permitted
to Be Submitted to Court
Evidence collected through investigation is submitted to the court, but such evidence must be
adequate and admissible. Evidence obtained through significant violation of human rights is inadmissible, and fundamental freedoms are guaranteed by the Constitution of Ukraine and international
treaties consented to by the Verkhovna Rada (Parliament) of Ukraine. Any other evidence resulting
from the information obtained through significant violation ofhuman rights and fundamental freedoms
is therefore inadmissible.
The court shall be required to find significant violations ofhuman rights and fundamental freedoms,
in particular the following acts:
Conducting procedural actions which require previous permission of the court without suchpermission or with disrespect of its essential conditions
Obtaining evidence by subjecting a person to torture and inhuman or degrading treatment or
threats to apply such treatment
Violating the right of a person to defence
Obtaining testimony or explanations from a person who has not been advised of his right torefuse to give evidence or answer questions,or where these were obtained in violation of thisright
Violating the right to cross-examination
Obtaining testimony from a witness who subsequently will be found a suspect or accused inthese criminal proceedings
This evidence shall be found inadmissible during any trial except a trial when the issue of liability
for the said significant violation of human rights and fundamental freedoms as result a of which such
evidence was obtained.The court shall decide on admissibility of evidence during its evaluation while
retired for rendering a court decision. Where evidence has been found manifestly inadmissible during
trial the court shall declare such evidence inadmissible, which shall entail the impossibility of its
examination or termination of its examination if such was commenced.
The parties to the criminal proceedings and the victim may move during trial for evidence to be
declared inadmissible or raise objection against declaring evidence inadmissible. A decision made bya national court or an international tribunal which has taken legal effect and which holds that a
violation of human rights and fundamental freedoms set in the Constitution of Ukraine and international treaties has been committed shall have prejudicial significance for the court which decides on
evidence admissibility.
7. Whether Your Country Has Adopted a Hearsay-Rule (Excluding Out-of-Court Statements fromEvidence That May Be Related to the Defendantʼs Innocence or Guilt) in the Code of Criminal
ProcedureHearsay testimony is any be a statement made orally,in writing or in any other form with regard
to a certain fact,such statement being based on explanations of another person.The court shall havethe right to recognize as admissible evidence hearsay testimony irrespective of the possibility to
examine the person who provided the initial explanations,in exceptional cases if such are admissible
evidence in accordance with other rules of evidence admissibility.
When making such decision, the court is required to take into account the following:
Importance of explanations and testimony,should they be reliable,for ascertaining a circumstance, and their significance for the understanding of other knowledge

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Circumstances under which initial explanations are given which give rise to confidence in theirreliability
Cogency of knowledge with regard to the fact that initial explanations have been given
Difficulties for the party against which hearsay explanations and testimony were given indisproving such statements
Relationship between hearsay testimony and the interests of the person who has given thehearsay testimony
Possibility to examine the person who has given initial explanations, or reasons for theimpossibility of such examination
The court may find examination of a person to be impossible only if such person:
Does not appear in court because of death or serious physical or mental disease
Waives testifying in court under Article 63 of the Constitution of Ukraine or disobeys thecourtʼ
s request to give testimony
Does not appear before court and his location has not been established through conducting
required search measures
Stays abroad and waives testifying
Article 63 of the Constitution of Ukraine states that “A person shall not bear responsibility forrefusing to testify or to provide explanations about himself/herself,members ofhis/her family,or close
relatives,the circle of whom is determined by law.A suspect,an accused,or a defendant shall have theright to a defence. A convicted person shall enjoy all human and civil rights, with the exception of
restrictions determined by law and established by a court verdict.”
The court may admit hearsay evidence if the parties agree to recognize such as evidence.The court
may admit hearsay evidence if the suspect accused has created or facilitated the creation of circumstances under which the person concerned may not be examined. Hearsay testimony may not be
evidence of the fact or circumstance asserted unless it is supported by other evidence found admissible.
In no event shall hearsay testimony be admissible when given by an investigator,public prosecutor,
officer of an operational unit or another person with regard to any explanations given during thecriminal proceedings that they were conducting.
8. Whether There Are Any Methods/Measures Stipulated by the Code of Criminal Procedure toProtect Victims and Witnesses at Trial,for Example,Testimonyvia Video Link or Screening Crime
Victims from the Defendant
Court proceedings may be conducted through video conference with transmission from anotherpremise, including such as is located beyond the bounds of the court premises,(distant court proceedings)where:
It is impossible for a participant of criminal proceedings to participate directly in the court
proceedings for reason of health or for other valid reasons
It is necessary to ensure the personsʼsecurity
A minor or underage person is to be interrogated as a witness or victim
Such measures are necessary to ensure speedy court proceedings

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There exist other grounds recognized sufficient by the court
The court shall rule to conduct distant court proceedings proprio motu or on a motion of a party orother participants in criminal proceedings. Should a party to criminal proceedings or victim object
against conducting distant court proceedings,the court may decide to hold said proceedings only by its
reasoned ruling,having substantiated thereby the decision so taken.The court may not rule to conductdistant court proceedings with the defendant being outside of the courtroom if the latter object to it.
The use in distant court proceedings of technical means and technologies shall be required to ensure
adequate quality of image and sound, respect for the principles of publicity and openness of court
proceedings,as well as information security.The participants in criminal proceedings shall be ensured
the possibility to hear and observe the course of court proceedings,to put questions and get answers,
to realize other procedural rights granted them, and to perform procedural duties specified by the
Criminal Procedure Code.
If a person who is to participate distantly in court proceedings stays on any premises located in the
territory within this courtʼ
s jurisdiction or in the territory of the city where the court is located, thesecretary of court session of this court shall be required to hand over to such person a leaflet on his
procedural rights, check his ID, and stay at his side until the end of the court session.
The course and results of procedural actions conducted through video conference, shall be fixedwith video recording technical means. A protected person may be interrogated through video conference with such changes of appearance and voice as shall make his identification impossible. Distantcourt proceedings may be conducted in the first instance,appellate and cassation courts,the Supreme
Court of Ukraine proceeding in any matters within their competence.

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