Prosecutors and Investigators are responsible for pressure on business

Pressure on business: the corresponding Law No. 2548-VIII “On Amendments to the Criminal Procedure Code of Ukraine on improving the enforcement of the rights of participants in criminal proceedings and other persons by law enforcement agencies in the conduct of pre-trial investigation”, entered into force on 4 November.
The law is a logical continuation of Law No. 2213, improving a number of issues, in particular, it is intended to eliminate the remaining practice of initiating criminal proceedings with indirect methods.
The document amended Articles 220, 284, 303, 307, 309 of the Code of Criminal Procedure to provide another person whose rights or legitimate interests are limited during the pretrial investigation, or his representative the right to file a petition to the investigator, the prosecutor to close the criminal proceedings, if there is an unchanged decision the investigator, the prosecutor about the closure of criminal proceedings on the grounds provided for in the Code of Criminal Procedure, and in case of failure to satisfy the petition, file a complaint with the investigating judge. At the same time, it is provided that the determination of the investigating judge to refuse to satisfy the relevant complaint may be appealed on appeal.
The law establishes the following procedure for criminal liability:
– A complaint against the actions/inaction of the investigator or prosecutor;
– The court decision on the satisfaction of the complaint (it indicates the obligatory nature of the internal investigation);
– an official investigation;
– material or disciplinary action.
The basis for bringing a law enforcement officer to criminal responsibility should be a court decision. The law also introduced changes to Article 130 of the Code of Criminal Procedure, which provides for the possibility of the state, in the event of compensation for damage caused by the investigator, prosecutor, at the expense of the state budget, to apply the right of recourse to these persons if a criminal offence is established in their actions by the court that entered into legal force, or disciplinary offence regardless of the expiration of the terms of application and action of a disciplinary sanction.
And the bill also proposed amendments to the Civil Code and the Law “On the Procedure for Compensation of Harm Caused to a Citizen by Illegal Actions of Bodies Conducting Operational-Search Activities, Pre-Trial Investigation Bodies, Prosecutors and Courts” regarding the state’s ability to apply the right of recourse to guilty persons. In the final version of the Law, these norms are excluded.