The Key Legislative Changes

What has changed in criminal law and procedure in 2021?
Liability for not declaring and concealing the assets has been restored and strengthened
Criminal liability for violations in the field of anti-corruption legislation has been restored and strengthened. The Criminal Code of Ukraine is supplemented by Article 366-2 (declaration of false information) and Article 366-3 (failure to submit a declaration by a person authorized to perform functions of the state or local self-government).
From now on, if the declared information differs from the reliable one amounting to between 500 and 4000 minimum subsistence levels for able-bodied persons, a fine of 3000 to 4000 non-taxable minimum incomes of citizens, or community service for a term of 150 to 240 hours, or restriction of liberty for up to 2 years, with deprivation of the right to occupy certain positions, or engage in certain activities for a term of up to 3 years, will be applied.
If the declared information differs from the reliable one amounting to more than 2000 subsistence minimums for able-bodied persons, a fine of 4000 to 5000 non-taxable minimum incomes of citizens, or community service for a term of 150 to 240 hours, or restriction of liberty for up to 2 years, with deprivation of the right to occupy certain positions, or engage in certain activities for a term of up to 3 years, will be applied.
Intentional failure to submit declaration by a person authorized to perform functions of the state or local self-government incurs a fine of 2500 to 3000 non-taxable minimum incomes of citizens, or community service for a term of 150 to 240 hours, or restriction of liberty for up to 2 years, or imprisonment for a term of up to 1 year, with deprivation of the right to occupy certain positions, or engage in certain activities for a term of up to 3 years.
Tax amnesty and increased criminal liability for tax evasion
On January 21, 2021, the legislative changes on encouraging de-shadowing of citizens’ incomes through the introduction of voluntary declaration came into force.
In particular, Article 212 and Article 212-1 of the Criminal Сode of Ukraine were supplemented by the provisions according to which acts concerning intentional evasion from payment of the contributions, taxes, fees defined by such articles, if such actions are connected with acquisition (formation of sources of acquisition) creation, receipt, use of objects in respect of which a person has submitted a one-time (special) voluntary declaration and paid the agreed amount in the manner and under the conditions specified by the Tax Code of Ukraine, are not considered as a criminal offense.
At the same time, the legislator strengthened criminal liability for intentional evasion of contributions, taxes, fees specified in Article 212 and Article 212-1 of the Criminal Code of Ukraine.
Decriminalization of liability under Article 375 of the Criminal Code of Ukraine
In 2021, the decision of the Constitutional Court of Ukraine on declaring Article 375 of the Criminal Code of Ukraine (ruling by a judge (judges) of a knowingly unjust sentence, decision, ruling) as unconstitutional came into force.
In justification of the need to decriminalize the act under Article 375 of the Criminal Code of Ukraine, the Constitutional Court of Ukraine noted that judges are independent in their activities, and influence on a judge in any way is prohibited. At the same time, Article 375 of the Criminal Code of Ukraine was formulated in such a way that allowed the possibility of abuse by third parties, because the concept of “unjust” is an evaluative category.
Thus, the existence of the rule of law that creates risks and opportunities to influence judges negates the precepts of the Constitution of Ukraine regarding the independence of judges.
Decriminalization of liability under Article 216 of the Criminal Code of Ukraine
From 01.01.2022 criminal liability for:
- illegal production, forgery, use of control marks;
- sale of illegally manufactured, obtained, or counterfeit control marks,
The exclusion of Article 216 of the Criminal Code of Ukraine is related, in particular, to the abolition of the obligation to obtain control marks by importers, exporters, and reproducers of copies of audiovisual works, phonograms, videograms, computer programs, databases.
The provisions on special (correspondence) pre-trial investigation have been improved
From May 14, 2021, certain provisions in connection with the implementation of a special pre-trial investigation regarding persons who have committed a criminal offense and are hiding outside Ukraine, or in the temporarily occupied territory of Ukraine have been improved.
The summons of a person in respect of whom there are reasonable grounds to believe that such a person has left and/or is in the temporarily occupied territory of Ukraine shall be published in the media and on the official website of the Prosecutor General’s Office and/or a copy of the summons shall be sent to the defense.
A new ground on a special pre-trial investigation has been introduced. Namely it is non-arrival of a suspect who is internationally wanted and/or who has left and/or is outside Ukraine, summoned by an investigator, prosecutor, or an investigating judge, court, without good reason more than twice.
The court is empowered to consider a request for a measure of restraint in the form of detention and choose a measure of restraint in the absence of the suspect/accused if the prosecutor proves the grounds provided by Article 177 of the Criminal Procedure Code, as well as grounds to believe that the suspect/accused has left, or is in the temporarily occupied territory of Ukraine and/or declared internationally wanted.
At the same time, when choosing a measure of restraint in the form of detention in respect of the suspect or accused, the term of the decision and the amount of bail is not determined.
The legal grounds and the list of crimes for which a special pre-trial investigation may be carried out in the absence of the suspect have been determined.
The acceptance conditions of assets into management and individual conditions for their realization without the consent of the owner by the Asset Recovery and Management Agency (ARMA) have been determined.
Aiming to increase the transparency of the work of the Asset Recovery and Management Agency (hereinafter – ARMA), on November 1, 2021, the legislator amended the relevant law.
The innovations, among others, concern the management of assets and the unification of the provisions of the law with other normative legal acts.
From November 1, 2021, the amount of the value of assets, upon reaching which ARMA manages them, has changed. From now on, the value of assets must exceed 200 subsistence levels set for able-bodied persons on January 1 of the respective year.
The grounds in the presence of at least one of which ARMA can be transferred movable property for sale without the consent of the owner based on the decision of the investigating judge, court, have been established:
- property is subject to rapid deterioration;
- property quickly loses its value;
- storage cost of movable property during one calendar year is more than 50 percent of its value.
At the same time, real estate may not be transferred for sale without the consent of the owner of such property before:
- conviction of a court that has entered into force, or
- another court decision that has entered into force, which is the ground for the application of a special confiscation under the Criminal Procedure Code of Ukraine,
- or a court decision on the recognition of assets as unfounded and their recovery into state revenue, which has entered into force.
ARMA is obliged to return the assets taken into its management to the legal owner within 10 business days in case of a prosecutor’s decision or a court decision that has entered into force, which cancels the seizure of these assets, provided that there is a corresponding court decision in the Unified State Register of Court Decisions.
If the assets in respect of which the seizure was lifted have been sold, the funds received, as well as interest accrued as payment for the use of such funds by the bank, shall be returned to the legal owner of such assets within 10 business days from the date of receipt of the relevant decision to lift the seizure and details of such person’s account.
Criminal liability: changes to the Criminal Code of Ukraine during martial lawWhat has changed in criminal law and procedure in 2022?What has changed in criminal law and procedure in 2023?
What has changed in criminal law and procedure in 2022?What has changed in criminal law and procedure in 2023?
What has changed in criminal law and procedure in 2023?
The application has been sent
Thank you very much for your inquiry. We will contact you shortly!
Thank you!
You are subscribed to the latest news