The Law of Ukraine "On Amendments to the Criminal Procedural Code of Ukraine on Clarification of Provisions on Restoration of Lost Materials of Criminal Proceedings, Cancellation of Preventive Measures for Military Service in Martial Law" dated November 16, 2022 No. 2751-IX entered into force.
In particular, changes to Art. 615-1 of the Criminal Procedure Code of Ukraine, it is established that lost materials of criminal proceedings that did not end with the sending of an indictment, petitions for the application of coercive measures of a medical or educational nature, petitions for the release of a person from criminal liability to the court, as well as materials of criminal proceedings, are subject to restoration. in which an indictment, a request for the application of coercive measures of a medical or educational nature, a request for the release of a person from criminal liability was sent to the court, but a preliminary court session was not held; the court proceedings have been started, but the court's decision has not been adopted based on the results of its proceedings; the court made a decision, but it did not enter into force.
Such materials are subject to restoration by the decision of the investigating judge, the court in the event of a request from the prosecutor or from an investigator or investigator who agreed with the prosecutor, or from the defense or the victim, or at the court's own initiative, provided there is an extract from the Unified Register of Pretrial Investigations, or resolution on the initiation of a pre-trial investigation issued in accordance with the procedure provided for in Art. 615 of this Code, or the decision on the appointment of a trial, available in this criminal proceeding, the relevant materials of photography, sound recording, video recording, and other media, as well as copies of documents certified using the means of a qualified electronic signature. The request for the restoration of the lost materials of the criminal proceeding is considered by the investigator by the judge of the court within the territorial jurisdiction of which the pre-trial investigation is conducted by the court that conducted the court proceedings, and in case of impossibility for objective reasons to administer justice by the relevant court – by the investigating judge of another court or another court determined in accordance with the procedure provided for by law.
On the basis of the collected and verified materials, the investigating judge, the court issues a decision to restore the materials of the lost criminal proceedings in full or in the part that, in his opinion, should be restored.
In the case of insufficiency of the collected materials for the accurate restoration of the materials of the lost criminal proceedings, the investigating judge, the court issues a decision on the restoration of the materials of the lost criminal proceedings to the extent that, in his opinion, is sufficient for the adoption of a court decision by which the court completes the relevant stage of the court proceedings, or by its decision, it closes the consideration of the request to restore the materials of the lost criminal proceedings and explains to the participants of the court proceedings the right to re-apply with such a request if the necessary documents are available.
In addition, amendments were made to Art. 616 of the Code.