The Verkhovna Rada of Ukraine has adopted in the second reading and as a whole draft law No. 11387, which aims to ensure greater respect for the court and increase the efficiency of criminal proceedings. The law makes significant changes to the Criminal Procedure Code of Ukraine and the Code of Administrative Offenses, in particular, strengthening liability for procedural violations, regulating new cases of liability for the first time, and changing procedural mechanisms for interaction with the court.
The main focus is on fines for contempt of court
The new version provides for increased fines for malicious evasion of appearance in court, violation of order, or disobedience to the presiding judge’s order:
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1700–3400 UAH — for a witness, victim, plaintiff, defendant;
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6800 UAH – for repeated violation;
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At the same time, the provision on the labor use of those arrested for contempt of court was removed.
Strengthening liability for failure to appear on call
The Criminal Procedure Code of Ukraine provides for a significant increase in monetary penalties:
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1514–3028 UAH — for failure to appear before an investigator or prosecutor;
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UAH 3,028–12,112 — for failure to appear before a court or investigating judge.
The mechanism for considering motions to cancel a monetary penalty has also been changed: from now on, not the same judge who imposed it, but another one — determined in accordance with Article 35 of the Code of Criminal Procedure — will consider the issue of cancellation. A judge can no longer cancel the ruling on his own without a hearing.
Greater sanctions for breach of obligation and bail
The size of the fines has been increased:
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For failure to fulfill a personal obligation: up to UAH 12,112;
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For breach of bail conditions:
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up to 30,280 UAH — in cases of non-serious crimes;
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up to 302,800 UAH – in cases with a sanction of more than 10 years of imprisonment.
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Strengthening accountability for prosecutors and lawyers
Amendments to Article 324 of the CPC oblige the court to:
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Automatically initiate disciplinary proceedings if the prosecutor or defense attorney fails to appear without good reason;
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In the event of a repeated failure to appear by the prosecutor, the court shall notify the head of the prosecutor’s office and the Criminal Investigation Department within 72 hours for organizational or disciplinary response;
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If a prosecutor can no longer participate in the proceedings, he must be replaced by another (Article 37 of the CPC).
Absence does not block preparation for consideration
New provisions to Article 314 of the CPC: failure to appear of duly notified participants (prosecutor, victim, representatives, etc.) does not prevent the preparatory meeting.
Under Article 315 of the CPC, participants who were not present at the preparatory meeting retain the right to file motions before the commencement of the substantive hearing.
24 hours to consider the withdrawal application
Art. Article 81 of the CPC now requires consideration of a motion to disqualify a judge no later than 24 hours from the date of submission.
New article in the Code of Administrative Offenses: failure to comply with a court ruling on a pretext
Article 185-6-1 of the Code of Administrative Offenses is being introduced, which provides for liability for failure to take measures to comply with a court ruling on the grounds of:
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1700–2550 UAH — for ignoring the decision without explanation;
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2559–3400 UAH — for unjustified failure to fulfill the order.
Minutes under this article will be drawn up by court clerks or court session clerks.
Mandatory presence during the consideration of certain cases
Amendments to Article 268 of the Code of Administrative Offenses clarify that the presence of a person who is being held accountable for a number of offenses is mandatory, and in case of evasion, an excuse may be used, except in cases where this is prohibited by law (minors, disabled persons of groups I–II, etc.).
Responsibility for ignoring the appeals of the Verkhovna Rada
Administrative liability has been established for:
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Untimely, false or incomplete response to an appeal from a people’s deputy, committee or TSC: 5950–8500 UAH.
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Failure to appear at a plenary meeting without a valid reason: UAH 13,600–17,000.
Protocols may be drawn up by authorized persons of the Verkhovna Rada Apparatus.
Also, for the first time, the procedure for bringing individuals to the TSC has been regulated by analogy with the CPC. The police are authorized to provide escorts, with minimal physical impact permitted — within clearly defined limits.
Other important changes
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The norms on people’s assessors are removed from the CPC and the Code of Administrative Offenses;
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Compensation for time off from work (including for witnesses, defendants, and defense attorneys) will be calculated based on the subsistence minimum, not the minimum wage;
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Persons from NABU, BEB, SBI, police, and other services will be held liable for violations (for example, illegal border crossing) on general grounds.
Conclusions
Draft Law No. 11387 demonstrates the state’s stricter approach to discipline in the judicial process and the desire to reduce the delay in the consideration of cases. However, the changes raise a debate about the balance between the efficiency of justice and the rights of participants in the process.
Lawyers should closely monitor the entry into force of the amendments, as liability for failure to appear or procedural negligence will be increased, and the rules for filing motions and applications will be detailed.
In the event of conflict situations or liability under new legal provisions, timely legal assessment and protection are necessary.