Government supports legislative changes for the Special Tribunal and Ukraine’s international criminal justice cooperation

The Cabinet of Ministers of Ukraine has supported two draft laws developed by the Ministry of Justice, which strengthen international legal mechanisms for cooperation in the field of criminal justice and ensure proper interaction with the Special Tribunal for the Crime of Aggression against Ukraine.

1. Draft Law of Ukraine “On Amendments to the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and the Law of Ukraine ‘On the Prosecutor General’s Office’ in connection with the ratification of the Agreement between Ukraine and the Council of Europe on the establishment of the Special Tribunal for the Crime of Aggression against Ukraine”.

The document proposes comprehensive amendments to a number of legislative acts necessary for the interaction of Ukrainian competent authorities with the Special Tribunal, including:

• recognition of judgments of international judicial institutions on a par with judgments of foreign courts;
• introduction of criminal liability for offences against the administration of justice committed in connection with the activities of the Special Tribunal (in particular, for misleading the Tribunal or interfering with the activities of its judges and officials);
• creation of a new section in the Criminal Procedure Code regulating the procedure for transferring criminal proceedings to the Special Tribunal, executing its requests, conducting procedural actions, transferring persons, and other aspects of international cooperation;
• designation of central cooperation authorities: the Prosecutor General’s Office – at the pre-trial investigation and trial stages; the Ministry of Justice – at the stage of enforcement of sentences or other decisions of the Special Tribunal;
• amendments to the Law of Ukraine “On the Prosecutor General’s Office” granting the Prosecutor General powers to transfer proceedings, information, and evidence to the Special Tribunal.

The draft law also details the procedures for arrest, temporary transfer, rights of detained persons, enforcement of Tribunal decisions, and interaction with foreign states in response to its requests.

2. Draft Law of Ukraine “On Amendments to the Criminal Procedure Code of Ukraine and other legislative acts of Ukraine regarding international cooperation during criminal proceedings”.

Its key objective is to ensure that Ukrainian mechanisms for international legal assistance comply with modern international standards and Ukraine’s obligations.

The draft law provides for:

• harmonisation of international cooperation procedures with FATF standards, which is important for combating money laundering and terrorist financing;
• creation of legal conditions for full interaction between Ukraine and the European Public Prosecutor’s Office within the framework of the Framework Agreement between Ukraine and the EU on the Ukraine Facility instrument;
• introduction of modern technological solutions allowing requests for international cooperation to be sent via electronic communications and enabling the questioning of Ukrainian citizens abroad using the Unified Judicial Information and Telecommunication System.

The proposed changes are also aimed at improving the regulation of international legal assistance and cooperation in criminal matters. In particular, they take into account the practice of applying international treaties on extradition and the transfer of convicted persons, as well as other forms of interaction between competent authorities.

Adoption of the law is envisaged in section 4.1 “Judicial cooperation in criminal matters” of the “Justice, Freedom, Security” direction of the Rule of Law Roadmap.

Both draft laws strengthen Ukraine’s institutional capacity in the field of international criminal justice, ensure effective interaction with international institutions, and contribute to the inevitability of accountability for the most serious crimes, including the crime of aggression against Ukraine.