Bureau of Investigation, as required by the Criminal Procedure Code of Ukraine and
recommendations from the Universal Periodic Review and the HRMMU.
89.
The role of defence lawyers is critical to a well-functioning legal system and the fairness
of trials. A National Bar Association exists that serves as a body of self-administration.
However, the exercise of the profession and working conditions require enhanced
protection. Courts do not have any premises for defence lawyers; legislation does not
regulate the right to rest or social protection for defence lawyers. The current Criminal
Procedure Code limits the number of defence lawyers allowed to work on one case; in case
of absence, a lawyer can be replaced by a state-appointed lawyer. A law on the legal
profession was adopted in 2012 and draft amendments are under discussion. It would be
necessary to ensure that the new amendments create improved conditions of work for
defence lawyers and a professional environment conducive to a proper exercise of the right
to defence. Equality of arms should characterize the relationship between defence lawyers
and prosecutors.
D. Legislative developments
90.
An important number of laws, legal amendments or regulations adopted in recent months
have been dictated by the necessity to address topical issues in a difficult and evolving
context, characterized by the ‘referendum’ in Crimea84 and a grave deterioration of the
security situation in the east. They include: internally displaced persons; issues related to
the rights of those taking part in the security operation and their families; sanctions for
criminal actions threatening territorial integrity or aimed at overthrowing the government;
the introduction of new penalties for financing illegal activities; amendments to the antiterrorism law and others. The HRMMU is following these developments, which will be
analysed and, if necessary, reflected in future recommendations.
91.
In some cases, the new legislation foresees increased compliance with international
instruments and recommendations of international human rights mechanisms. For example
the definition of complementary protection applying to refugees was extended to include
persons fleeing “international or internal armed conflict” and other serious human rights
violations, in line with international and European standards. On the issue of
discrimination, the definition, scope of prohibited ground, and range of sanctions have
largely been aligned with relevant international norms and standards. Finally, the terms
applicable to persons with disabilities in domestic legislation – such as "reasonable
accommodation", “universal design " and “discrimination on the basis of disability " - are
used as defined in the Convention on the Rights of Persons with Disabilities. However, the
amendments to the anti-discrimination law do not integrate the jurisprudence of the UN
Human Rights Committee and the European Convention on Human Rights on the
prevention of discrimination on the basis of sexual orientation.
Anti-corruption
92.
The legislative basis for combating corruption has improved in recent months: bribery is
now classified as an offence under the Criminal Code and corruption in all its forms is
treated as a crime. Liability of companies (“legal persons”) has been introduced under the
Criminal Code. Regulations have been put in place concerning confiscation and seizure of
proceeds of crime. A government Commissioner for anti-corruption policy has been
appointed to lead the National Anti-Corruption Committee, established in 2010. However,
84
This referendum was ruled to be unconstitutional by the Constitutional Court of Ukraine; the UN General
Assembly declared the referendum to have no validity in its resolution 68/262.
149 | P a g e
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