The Business Ombudsman Council upholds legislative changes aimed at protecting businesses against abuses in the criminal procedure
As part of monitoring the implementation of recommendations of its systemic report “Abuses and Pressure Inflicted by Law Enforcers on Business” , the Business Ombudsman Council (BOC) provided expert proposals to the text of the Draft Law No. 12439 on improving guarantees for protecting business entities during criminal proceedings.
The Draft Law, registered in January 2025, provides for important amendments to the Criminal Procedure Code of Ukraine, which should reduce the room for abuse by law enforcement bodies, particularly as regards arrest and return of property, abuse of procedural rights, the rights of victims, and judicial protection effectiveness.
The current version of the Draft Law No. 12439 already takes into account a number of recommendations provided by the BOC in its systemic report “Abuses and Pressure Inflicted by Law Enforcers on Business”. Meanwhile, in a letter to the Verkhovna Rada Committee on Law Enforcement Activities, the BOC shared its observations based on the analysis of hundreds of business complaints received by the institution in recent years. Among key proposals are enhancing control over court decisions execution, clarifying the mechanisms for returning seized property, and providing the victim with full procedural status.
“The amendments proposed to the Draft Law No. 12439 are an important step towards creating a predictable and fair legal environment. We are convinced that taking into account the BOC’s practical experience will make these reforms more effective and sustainable,” said Roman Waschuk, the Business Ombudsman.
The Business Ombudsman Council extended its gratitude to MPs for their initiative and willingness to continue participating in the work on improving criminal procedural legislation, taking into account interests of bona fide business.