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CRIMINAL PROCEDURE CODE OF UKRAINE

(excerpts)

 

[...]

Chapter 2. Principles of Criminal Proceedings


Article 7. General principles of criminal proceedings
1. The matter and manner of criminal proceedings must conform to the general principles
of criminal proceedings such as, but not limted to:
1) the rule of law;
2) legitimacy;
3) equality before law and court;
4) respect for human dignity;
5) ensuring the right to liberty and security of person;
6) inviolability of home or any other possession of a person;
7) confidentiality of communication;
8) non-interference in private life;
9) security of the ownership right;
10) presumption of innocence and conclusive proof of guilt;
11) freedom from self-incrimination and the right to not testify against one’s close relatives
and family members;
12) prohibition of double jeopardy
13) ensuring the right to defense;
14) access to justice and the binding nature of court rulings;
15) adversarial nature of parties, freedom to present their evidence to the court and prove the
preponderance of this evidence before the court;
16) directness of examination of testimonies, objects and documents;
17) ensuring the right to challenge procedural decision, actions or inactivity;
18) publicity of criminal proceedings;
19) optionality of criminal proceedings
20) publicity and openness of judicial proceedings and their full recording using technical
means;
21) reasonable time for criminal proceedings;
22) language of the criminal proceedings.
2. The list of principles of criminal proceedings set forth in this Chapter is not exhaustive.


Article 8. Rule of law
1. Criminal proceedings shall be conducted in accordance with the principle of the rule of
law, under which a human being, his rights and freedoms are the highest values which define
content and areas of State activities.
2. The principle of the rule of law in criminal proceedings shall be applied with due
consideration of the practices of the European Court of Human Rights.


Article 9. Legality
1. During criminal proceedings, a court, investigating judge, public prosecutor, chief of
pre-trial investigation agency, investigator, other officials of state authorities shall be required to
steadfastly comply with the requirements of the Constitution of Ukraine, this Code, and
international treaties the Verkhovna Rada of Ukraine has given its consent to be bound by, and
requirements of other laws.
2. Prosecutor, chief of pre-trial investigation agency, investigator shall be required to
examine comprehensively, fully and impartially the circumstances of criminal proceedings; find
circumstances both of incriminating and exculpatory nature in respect of the suspect, the
accused, as well as the circumstances mitigating and aggravating their punishment; make
adequate legal evaluation thereof and ensure the adoption of lawful and impartial procedural
decisions.
3. Laws and other legal regulatory acts of Ukraine, in so far as they relate to criminal
proceedings, must be in line with this Code. No law contradicting this Code may be applied in
the conduct of criminal proceedings.
4. Wherever provisions of this Code contradict an international treaty the Verkhovna Rada
of Ukraine has given its consent to be bound by, provisions of the relevant international treaty of
Ukraine shall apply.
5. The criminal procedural legislation of Ukraine shall be applied in the light of the case
law of the European Court for Human Rights.
6. Whenever provisions of the present Code do not regulate the matters of criminal
proceedings or regulate such vaguely, the general principles of criminal proceedings as specified
in paragraph one of Article 7 of this Code shall apply.


Article 10. Equality before the law and the court
1. Nobody may be given privilege or restricted in procedural rights as set forth in the
present Code on the grounds of race, skin color, political, religious, or any other beliefs, sex,
ethnic or social origin, property status, place of residence, nationality, education, occupation, as
well as linguistic or any other grounds whatsoever.
2. In the course of criminal proceedings, in cases and according to the procedure stipulated
by the present Code, certain categories of individuals (underage individuals, foreigners, mentally
and physically disabled people, etc) shall have additional rights and guarantees.


Article 11. Respect for human dignity
1. In the course of criminal proceedings, respect for human dignity, rights, and freedoms of
every person must be ensured.
2. In the course of criminal proceedings, it shall be prohibited to subject an individual to
torture or to inhuman or degrading treatment or punishment, or to threaten or use such treatment,
or to keep an individual in humiliating conditions, or to force to actions which humiliate dignity.
3. Everyone shall have the right to protect, by all means which are not prohibited by law,
their dignity, rights, freedoms, and interests, which have been violated in the course of criminal
proceedings.


Article 12. Right to liberty and personal inviolability
1. In the course of criminal proceedings, no one shall be kept into custody, be detained or
otherwise restrained in their right to freedom of movement upon criminal suspicion or charge
other than on grounds and according to the procedure specified in this Code.
2. Everyone who has been taken into custody or apprehended upon suspicion or charge of
having committed a criminal offence or otherwise deprived of liberty shall as soon as practicable
be brought before an investigating judge to decide on the lawfulness and reasonableness of their
detention, other deprivation of liberty and continued custody. The detained person shall be
promptly released from custody if within 72 hours from the moment of his detention he is not
served a reasoned court decision on keeping in custody.
3. A person’s detention, taking into custody or other restraint in his right to freedom of
movement, as well as his location, must be immediately brought to notice, as provided herein, of
his close relatives, family members or other persons of such person’s own choosing.
4. Anyone kept in custody or otherwise deprived of liberty in excess of the time prescribed
by this Code must be promptly released.
5. Where performed without grounds or in contravention of the procedure set forth in this
Code, a person’s detention, taking into custody or other restraint of his right to freedom of
movement during the criminal proceedings shall entail a liability as provided by law.


Article 13. Inviolability of home or other possession of a person
1. Entering a home or any other possession of an individual, conducting inspection or
search therein shall not be allowed other than upon a reasoned court decision, except as
otherwise provided in this Code.


Article 14. Confidentiality of communication
1. In the course of criminal proceedings, everyone shall be guaranteed confidentiality of
correspondence, telephone conversations, cable, and other correspondence and other forms of
communication.
2. Interference in the confidentiality of communication shall be possible only upon court’s
ruling in cases prescribed in the present Code, in view of preventing the commission of a crime
of grave or especially grave severity, finding out its circumstances, and identifying the individual
who committed the crime, if achieving this objective is impossible otherwise.
3. Information, which has been obtained as a result of interference in the confidentiality of
communication, may not be used otherwise than for the purpose of criminal proceedings.


Article 15. Non-interference in private life
1. In the course of criminal proceedings, everyone shall be guaranteed non-interference in
private (personal and family) life.
2. No one may collect, store, use and impart information on private life of an individual
without their consent, except for cases prescribed in the present Code.
3. Information on private life of an individual obtained in accordance with the procedure
established by the present Code may not be used otherwise than for the purpose of achieving the
objectives of criminal proceedings.
4. Everyone who has been granted access to information on private life shall be required to
prevent disclosure of such information.


Article 16. Security of the ownership right
1. In the course of criminal proceedings, deprivation or restriction of the right to ownership
shall be made only upon a motivated court’s decision adopted as prescribed in the present Code.
2. Temporary arrest of property without court decision shall be tolerated on grounds and
according to the procedure prescribed in the present Code.


Article 17. Presumption of innocence and conclusive proof of guilt
1. An individual shall be considered innocent of the commission of a criminal offence and
may not be imposed a criminal penalty unless their guilt is proved in accordance with the
procedure prescribed in the present Code and is established in the court judgment of conviction
which has taken legal effect.
2. No one shall be required to prove their innocence of having committed a criminal
offence and shall be acquitted unless the prosecution proves their guilt beyond any reasonable
doubt.
3. Suspicion, charges may not be based on evidence obtained illegally.
4. Any doubt as to the proof of the guilt of an individual shall be interpreted in this person’s
favor.
5. A person whose criminal guilt has not been found in a valid judgement of conviction
shall be treated as an innocent one.


Article 18. Freedom from self-incrimination; Right to not testify against close
relatives and family members
1. No one shall be compelled to admit their guilt of a criminal offence or to give
explanations, testimonies, which may serve a ground for suspecting them or charging with a
commission of a criminal offence.
2. Everyone shall have the right to keep silence about suspicion, a charge against him or
waive answering questions at any time, and, also, to be promptly informed of such right.
3. No person may be compelled to give any explanations or testimonies, which may serve a
ground for suspecting his close relatives or family members of, or charging them with,
commission of a criminal offence.


Article 19. Prohibition of double jeopardy
1. No one may be charged with, or punished twice for, a criminal offence, for which he was
acquitted or convicted by a valid judgment.
2. Criminal proceedings shall be subject to immediate termination when it becomes known
of a valid judgment delivered on the same charge.


Article 20. Right to defense
1. A suspect, an accused, acquitted or a convicted person shall have the right to defense
consisting in the opportunity to give oral or written explanations in respect of the suspicion or
accusation, collect and produce evidence, attend the criminal proceedings personally, as well as
benefit from legal assistance of a defense counsel, as well as exercise other procedural rights as
set forth in this Code.
2. Investigator, public prosecutor, investigating judge, and court shall be required to advise
the suspect, the accused of their rights and ensure their right to a competent legal assistance by a
defense counsel whom they select or appoint on their own.
3. Legal assistance to a suspect, an accused shall be provided at no cost at the expense of
the state in cases specified by the present Code and/or the law, which regulates provision of legal
assistance at no cost.
4. Participation of a defense counsel of the suspect, the accused in criminal proceedings
shall not affect their procedural rights.


Article 21. Access to justice and the binding nature of court rulings
1. Everyone shall be guaranteed the right to a fair trial and resolution of the case within
reasonable time limits by independent and impartial court established on the basis of law.
2. Court’s judgment or ruling that took legal effect as prescribed by the present Code shall
be binding and subject to unconditional execution in the entire territory of Ukraine.
3. Everyone has the right to participate in any judicial hearings of the matter related to their
rights and duties in accordance with the procedure set forth in the present Code.
4. Unless otherwise prescribed by in the present Code, conducting criminal proceedings
may not be an obstacle to a person’s access to any other legal remedies to protect their rights in
case where in the course of the criminal proceedings their rights enshrined in the Constitution of
Ukraine and international treaties of Ukraine are being infringed.


Article 22. Adversariality of parties and their freedom to present their evidence to the
court and to convincingly prove this evidence
1. Criminal proceedings shall be conducted on the basis of adversarial approach envisaging
independent assertion by the side of accusation and the side of legal protection of their legal
positions, rights, freedoms and legitimate interests by means set forth the present Code.
2. Parties to criminal proceedings shall have equal rights with regard to collecting and
producing items, documents, other evidence, motions, complaints, as well as to enjoy other
procedural rights provided by the present Code.
3. In the course of criminal proceedings, functions of public prosecution, defense, and trial
may not be imposed on the one and the same agency or official.
4. Public prosecutor shall notify an individual of a suspicion of his/ her having committed a
criminal offence, shall submit an indictment, and prosecute on behalf of the state in court. In
cases specified in the present Code, notification of an individual of a suspicion of his having
committed a criminal offence may be made by an investigator upon the approval of the public
prosecutor, and the accusation may be supported by the victim or by a representative acting on
his behalf.
5. The suspect or defendant, their defense counsel or legal representative shall be in charge
of defense.
6. The court while maintaining the objectivity and impartiality shall ensure the necessary
conditions for the realization by the parties of their procedural rights and the performance of
their procedural duties.


Article 23. Direct examination of testimonies, objects and documents
1. The court shall examine evidence directly. The court takes testimonies of the participants
in criminal proceedings orally.
2. Except as otherwise provided in this Code, information contained in testimonies, objects
and documents that have not been directly examined by court may not be admitted as evidence.
The court may admit in evidence testimonies which are not given directly in court only where it
is provided for by this Code.
3. The prosecution shall be required to ensure the presence of witnesses for the prosecution
during trial so that the defense can enjoy their right to examine them before independent and
impartial court.


Article 24. Ensuring the right to challenge procedural decisions, actions, or omission
1. Everyone shall be guaranteed the right to challenge decisions, actions, or omission of a
court, investigator, and public prosecutor as prescribed in the present Code.
2. Everyone shall be guaranteed the right to have court’s decision, which affects their
rights, freedoms, or interests be reviewed by a higher court as prescribed in the present Code,
irrespective of whether such individual did or did not take part in the court hearing.


Article 25. Publicity
1. Public prosecutor, investigator shall be required, within the scope of their respective
competencies, to initiate pre-trial investigation in every instance when elements of a criminal
offence have been directly revealed (save for the cases where criminal proceedings may be
instituted upon a victim’s request) or based on the report (information) on a criminal offence
and take all statutory measures to establish the occurrence of crime and perpetrator thereof.


Article 26. Optionality
1. Parties to criminal proceedings shall be free to use their rights within the limits and in
the way specified by the present Code.
2. Refusal of public prosecutor from public prosecution shall be the ground for closing
criminal proceedings except cases specified in the present Code.
3. In criminal proceedings, investigating judge, court shall address only those matters that
the parties have submitted for their consideration and that fall within their competence under the
present Code.
4. Criminal proceedings in the form of public-private prosecution shall be initiated only
upon request of the individual concerned. Dropping charges by the victim, his representative in
cases specified in the present Code is the unconditional ground for closing criminal proceedings.


Article 27. Publicity and openness of court proceedings and complete recording using
technical means
1. Participants in criminal proceedings, as well as non-participants as to whom the court
has decided on their rights, freedoms, interests, or duties, may not be restricted in the right to
obtain both written and oral information in court with regard to the outcome of a trial, as well as
in their right to familiarize themselves with procedural decisions and to obtain copies thereof. No
one may be restricted in his right to obtain information in court on the date, time, and place of his
trial and on the decisions taken therein, except as otherwise provided for by law.
2. In courts of all instances, criminal proceedings are conducted openly. Investigating
judge, court may take a decision to conduct criminal proceedings in camera throughout the entire
judicial proceedings or any part thereof in the following cases:
1) when an underage person is the defendant;
2) trial in respect of criminal offence against sexual freedom or security of person;
3) with a view to preventing disclosure of information on private and family life of an
individual or circumstances which degrade human dignity;
4) when conducting proceedings in the open court session can lead to disclosure of a secret
protected by law;
5) when conducting proceedings in the open court session can lead to disclosure of a secret
protected by law.
3. Personal notes, letters, the content of personal telephone conversations, cable and other
statements may be read in open court session unless investigating judge, court takes a decision to
examine such in camera based on provisions of clause 3 in part two of this Article.
4. The court conducts criminal proceedings in camera with full respect of rules set forth in
the present Code. Only parties and other participants to criminal proceedings can attend closed
court sessions.
5. During trial, full recording of the court session with audio recording device is secured.
Official recording of a court session is considered to be the only technical recording made by
court as prescribed in the present Code.
6. Each individual present at court session may keep verbatim records, make written notes,
and use portable audio recording devices. Photographing, filming, video recording in courtroom,
as well as radio and TV broadcasting of trial and audio recording with stationary equipment in
the courtroom is allowed upon permission of the court and consent of participants to criminal
proceedings the possibility of such action without prejudice to the court examination.
7. Court decision made in open court session is pronounced publicly. Whenever trial was
conducted in camera, the court decision is pronounced publicly omitting the information which
was examined in camera if it continues to be subject to protection from disclosure at the time of
pronouncement.


Article 28. Reasonable time
1. In the course of criminal proceedings, each procedural action or procedural decision
must be performed or adopted within reasonable time. Considered reasonable shall be such time
that is objectively necessary for the performance of procedural actions and the adoption of
procedural decisions. Reasonable time may not exceed the times prescribed by the present Code
for individual procedural actions or for adoption of individual procedural decisions.
2. Conducting pre-trial investigation within a reasonable time is ensured by public
prosecutor and investigating judge (as regards the times for examining matters assigned to their
competence), while trial within a reasonable time is ensured by court.
3. The following shall be the criteria for determining the reasonable time for criminal
proceedings:
1) complicated nature of criminal proceedings, which is determined taking into account the
number of suspects, accused and criminal offences subject to this proceeding, the scope
and specifics of the procedural actions required for pre-trial investigation to be completed,
etc.;
2) attitude of participants to criminal proceedings;
3) the way in which investigator, public prosecutor, and court exercise their powers.
4. Criminal proceedings in respect of the individual kept in custody as well as in respect of
an underage shall be conducted without any delay and considered in court as a matter of priority.
5. Everyone shall have the right for a charge to be subject of a trial within the shortest
possible time or criminal proceedings concerned closed.
6. The suspect, accused and victim shall have the right to address a motion to the public
prosecutor, investigating judge or court setting forth circumstances calling for the necessity to
conduct criminal proceedings (or individual procedural actions) in shorter time than specified by
the present Code.


Article 29. Language of criminal proceedings
1. Criminal proceedings shall be conducted in state language. Accusation, investigating
judge and court draw up procedural documents in state language.
2. A person shall be notified of being suspected of having committed a criminal offence in
state language or any other language he knows sufficiently to understand the substance of the
suspicion of having committed a criminal offence.
3. Investigator, court, public prosecutor ensure participants to criminal proceedings, who do
not know or do not know well enough the state language the right to provide explanations and
testimony, lodge motions and file complaints, as well as to speak before court in their native
language or any other language they have knowledge of and be assisted by an
interpreter/translator if necessary as prescribed in the present Code.
4. Court decisions by which the court concludes a trial of a case on its merits are provided
to the parties to criminal proceedings or the person in whose respect the issue of imposing
compulsory educational or medical measures has been decided as well as the representative of
the legal person in whose respect the proceedings are taken as translated into their native
language or any other language of which they have command. Translation of any other
procedural documents of criminal proceedings, copies of which are to be provided in accordance
with this Code, is performed only on request of the said persons. Translation of court decisions
and other procedural documents of court proceedings is certified by the signature of the
translator.

[...]

§ 3. Defense


Article 42. Suspect, accused
1. Suspect shall be the person who has been notified of suspicion as prescribed in Articles
276 to 279 of this Code, or the person who has been apprehended on suspicion of having
committed a criminal offence or the person in whose regard a notice of suspicion has been
compiled but it has not been delivered because of failure to establish the whereabouts of the
person, provided all means have been used as specified by this Code to deliver a notice of
suspicion.
{The first paragraph of Article 42 as amended by Law № 1689-VII of 07.10.2014}
2. Accused (defendant) shall be the person an indictment in whose respect has been
referred to court as prescribed in Article 291 of the present Code.
3. The suspect, accused shall have the right to:
1) know of which criminal offence he has been suspected, accused;
2) be informed, expressly and promptly, of his rights as laid down in this Code and, where
need be, have such rights explained;
3) have, on his first demand, a counsel and consultation with him prior to the first and each
subsequent interview under conditions ensuring confidentiality of communication, and also upon
the first interview to have such consultations with no limits as to their number or duration; the
right to the presence of defense counsel during interviews and other procedural actions, refuse
from services of counsel at any time in the course of criminal proceedings; have services of a
counsel provided at the cost of the state in the cases stipulated for in this Code and/or the law
regulating provision of legal aid at no cost, including when no resources are available to pay for
such counsel;
4) keep silence about suspicion, a charge against him or waive answering questions at any
time;
5) give explanations, testimony with regard to the suspicion, and a charge against him or
waive giving explanations, testimony at any time;
6) demand that validity of the detention be verified;
7) when apprehended or when a preventive measure such as putting into custody has been
applied, to have his family members, close relatives or other persons promptly notified of his
apprehension and whereabouts, in accordance with provisions of Article 213 of this Code;
8) collect and produce evidence to investigator, public prosecutor, investigating judge;
9) participate in procedural actions;
10) in the course of procedural actions, ask questions, submit his comments and objections
in respect of the manner in which procedural action is conducted, which should be put on the
record;
11) in keeping with the requirements of the present Code use technical means in the course
of procedural action he participates in. Investigator, public prosecutor, investigating judge, court
may disallow using technical means in the course of a specific procedural action or at a specific
stage of criminal proceedings in order to prevent disclosure of privileged information protected
by law or related to the intimate life of the person concerned, and a reasoned decision (ruling)
should be taken (adopted) thereon;
12) submit motions to conduct procedural actions, ensure protection for himself, family
members, close relatives, property and house, etc;
13) propose disqualifications;
14) review records of pre-trial proceedings in accordance with the procedure specified in
Article 221 of this Code and request disclosure of records under Article 290 hereof;
15) obtain copies of procedural documents and written notices;
16) challenge decisions, actions, and inactivity by investigator, public prosecutor,
investigating judge in accordance with the procedure specified by the present Code;
17) demand that damage caused by illegal decisions, actions or inactivity of the agency
conducting operative-investigative actions and pre-trial investigation, public prosecutor’s office
or court, be indemnified, in accordance with the procedure set forth in law, as well as have his
reputation restored if the suspicion or accusations have not been confirmed;
18) use his native language, obtain copies of procedural documents in same language or
any other language of which he has command and, where need be, benefit from translation
services at the State expense;
4. The accused shall also have the right to:
1) participate, during trial, in the examination of witnesses for the prosecution or request
that they should be examined, as well as request that witnesses for the defense be summoned and
examined at the same conditions as witnesses for the prosecution;
2) collect and produce evidence to court;
3) express in court session his point of view with regard to motions of other participants to
trial;
4) speak in pleadings;
5) review journal of the court session and technical recording of the process which must be
made available to him by authorized court employees, and submit comments thereon;
6) challenge in accordance with the procedure laid down in the present Code, court’s
decisions and initiate review thereof, and be aware of appeal and cassation complaints lodged
against court’s decisions, submissions on review thereof, and submit objections thereto.
5. The suspect, accused shall also have other procedural rights specified by the present
Code.
6. The suspect, accused who is a national of another State and is kept in custody, shall have
the right to meet a representative of the diplomatic or consular mission of his State, and the
administration of the detention facility shall be obliged to provide such opportunity.
7. The suspect, accused shall have the duty to:
1) appear before investigator, prosecutor, investigating judge and the court upon summons
and, if it is impossible to appear upon summons at the time fixed, to inform the court thereon in
advance;
2) perform duties imposed by the decision to take measures to make criminal proceedings
possible;
3) obey to legal demands and orders of investigator, public prosecutor, investigating judge,
and court.
8. The suspect, accused shall be issued a pamphlet listing his procedural rights and duties
as the same as same are brought to his notice by the notifying officer.


Article 43. Acquitted, convicted
1. In criminal proceedings, an acquitted individual shall be the defendant in whose respect
the judgment of acquittal has taken legal effect.
2. The acquitted, convicted shall enjoy the rights of an accused person as set forth in
Article 42 of the present Code to the extent to which his defence at the appropriate stage of court
proceedings may require.


Article 44. Legal representative of the suspect, accused
1. Where the suspect, accused is an underage individual or a person recognized in
accordance with the procedure established by law, as legally incapable or partially legally
capable, his legal representative shall be committed to participate in a procedural action together
with the individual concerned.
2. Committed as legal representatives may be parents (adopters), and in their absence,
custodians or caregivers of the individual, other adult close relatives or family members, as well
as representatives of custody or trusteeship agencies, institutions and organizations under whose
tutorship or custody the underage, legally incapable or partially legally capable individual is.
3. Public prosecutor shall issue a ruling, and investigating judge or court shall adopt a
determination on committing a legal representative, the copy of which shall be handed to the
legal representative.
4. Where actions or interests of legal representative contradict the interests of the
represented individual, such legal representative by decision of investigator, public prosecutor,
investigating judge, court shall be replaced with another one chosen from among persons
specified in part two of this Article.
5. Legal representative shall enjoy procedural rights of the person he represents, with the
exception of such procedural rights that are realized directly by the suspect, accused and cannot
be assigned to a representative.


Article 45. Defense counsel
1. Defense counsel is a lawyer who provides defense of the suspect, accused, convicted or
acquitted person as well as of the person who is going to be subjected to compulsory medical or
educational measures or against whom the issue of applying such measures was considered, and
also of the person considered to be surrendered (extradited) to a foreign state.
2. A lawyer, whose information is not available in the Integrated Register of lawyers of
Ukraine, or the Integrated Register of lawyers of Ukraine contains information concerning the
termination or suspension of the right of lawyer to practice, may not engage in defense
counseling.


Article 46. General rules for defense counsel’s participation in criminal proceedings
1. A defense counsel has no right to take over defense of another person or provide such
person with legal aid if such this contradicts interests of the person he provides or provided
before with legal aid.
2. Failure of the defense counsel to appear and take part in a procedural action, if defense
counsel was informed in advance thereon, and the suspect, the accused does not challenge the
conduct of the procedural action in the presence of the defense counsel, may not be a ground for
finding such action illegal, unless defense counsel’s participation is mandatory.
Where the suspect, the accused challenges the conduct of the procedural action in the
presence of the defense counsel, the conduct of the procedural action shall be postponed, or the
defense counsel shall be engaged in the conduct thereof in accordance with the procedure
specified in Article 53 of this Code.
3. In a trial, there shall be not more than five defense counsels appearing for the same
defendant.
4. A defence counsel shall have all procedural rights of the suspect, accused whom he
defends, with the exception of such procedural rights that are realized directly by the suspect,
accused and cannot be assigned to the defense counsel, from the moment of submitting the
documents specified in Article 50 of the present Code to investigator, prosecutor, investigating
judge, and court.
5. Defense counsel have a right to participate in interviews and other proceedings
conducted with the participation of the suspect, accused person, to confidentially meet the
suspect prior to the first interview, without authorization of the investigator, public prosecutor,
court, and, after the first interview, to have such consultations without any limitation with regard
to the number and length of consultations. Such consultation may take place under visual control
of the competent official but in the environment, which precludes wiretapping or listening-in.
6. Documents related to the defense counsel’s performing his duties may not be inspected,
seized, or disclosed by the investigator, public prosecutor, investigating judge, court without
defense counsel’s consent.
7. State authorities and local self-government authorities and their officials must obey the
legitimate demands of defense counsel.


Article 47. Duties of the defense counsel
1. Defense counsel is obliged to use legal remedies determined in the present Code and
other laws of Ukraine, in order to ensure that the rights, freedoms and legitimate interests of the
suspect, defendant are respected, and establish circumstances that dispel the suspicion or
charges, mitigate criminal punishment, or exclude criminal liability of the suspect, the accused.
2. Defense counsel is obliged to appear to participate in procedural actions conducted with
the involvement of the suspect, accused. If defense counsel is unable to appear on time fixed, he
is obliged to inform in advance the investigator, public prosecutor and the court of such nonappearance
and the reasons, and when he is appointed by a body (institution) authorized to
provide legal aid at no cost, he\she shall also notify this body (institution).
3. Without consent of the suspect, accused, the defense counsel may not disclose
information of which he took knowledge in connection with participation in criminal
proceedings and which constitutes privileged information or any other secret protected by law.
4. After having been admitted to the case, defense counsel may refuse performing his/ her
duties only in the following cases:
1) if there are circumstances that, under the present Code, exclude his participation in the
case;
2) disagreement with the suspect, the accused concerning the defense method he has
chosen, except for cases when participation of the defense counsel is mandatory;
3) if the suspect, the accused intentionally fails to follow the agreement he concluded with
the defense counsel, such failure consisting, in particular, in systematic disregard of lawful
advices of the defense counsel, provisions of the present Code, etc;
4) where he justifies his refusal by the lack of appropriate skills in rendering legal aid in a
specific proceeding, which is particularly complex.


Article 48. Committing a defense counsel
1. The suspect, accused, their legal representatives, as well as other persons upon request or
consent of the suspect, accused may commit a defense counsel to participate in criminal
proceedings at any time. Investigator, public prosecutor, court are required to provide the
apprehended person or the person who is kept in custody assistance in establishing liaison with a
defense counsel or with persons able to commit a defense counsel, and to make possible using
communications means to commit a defense counsel. The investigator, prosecutor and the court
shall be obliged to refrain from recommending any specific defence counsel for retaining.
2. Defense counsel is engaged by the investigator, prosecutor, investigating judge or court
to carry out specific defense in the cases and in accordance with the procedure as prescribed in
Articles 49 and 53 of the present Code.


Article 49. Committing a defense counsel by investigator, public prosecutor,
investigating judge or court for defense by appointment
1. Investigator, public prosecutor, investigator judge or court shall be required to ensure
participation of a defense counsel in criminal proceedings in the following cases:
1) when under Article 52 of the present Code the participation of a defense counsel is
mandatory, and the suspect, accused has not committed a defense counsel;
2) when the suspect, accused filed a plea on committing a defense counsel but for reasons
of lack of funds or for other objective reasons, is unable to commit one on his own;
3) when investigator, public prosecutor, investigating judge or court decide that
circumstances of the criminal proceedings concerned require the participation of a defense
counsel, and the suspect, accused has not committed one.
Defense counsel shall be engaged by investigator, prosecutor, investigating judge or court
in other cases pursuant to the law regulating legal aid at no cost.
2. In cases specified in part one of this Article, investigator, public prosecutor issues a
decision, and the investigating judge and the court adopt a ruling, assigning an appropriate body
(institution) authorized by the law to provide legal aid at no cost to appoint a defense attorney to
act as defense counsel by appointment, and to ensure his appearance at a time and place stated in
the decision (ruling), for participation in criminal proceedings.
3. A decision (ruling) on assignment to appoint a defense attorney shall be immediately
sent to a body (institution) authorized by the law to provide legal aid at no cost and shall be
subject to immediate execution. Failure to comply, improper or delayed compliance with the
decision (ruling) instructing to appoint a defence counsel shall entail a legal liability as
established by law.


Article 50. Confirmation of defense counsel’s authority
1. Defense counsel’s authority to participate in criminal proceedings shall be confirmed by:
1) the certificate of the right to engage in legal practice in Ukraine;
2) an order, agreement with defense counsel or a power of attorney issued by a body
(institution) authorized by the law to provide legal aid at no cost.
2. Any additional requirements except to the counsel to present his\her ID, or conditions for
confirming a defence counsel’s credentials or his commitment to participate in criminal
proceedings shall not be allowed.


Article 51. Agreement with defense counsel
1. An agreement with the defense counsel may be concluded by the person stipulated for in
Part One Article 45 of this Code, and also other persons acting in its interests, at his/her motion
or subsequent consent.


Article 52. Mandatory participation of a defense counsel
1. Participation of a defense counsel shall be mandatory in criminal proceedings in respect
of crimes of especially grave severity. In such cases, participation of a defense counsel is ensured
from the time when a person achieves the status of a suspect.
2. In such cases, participation of a defense counsel is ensured:
1) in respect of a person who has not attained 18 years and who is suspected or charged of
the commission of a criminal offence – upon establishing that the person concerned is an
underage or when in any doubt as to his majority;
2) in respect of a person subject to compulsory educational measures - upon establishing
that the person concerned is an underage or when in any doubt as to his majority;
3) in respect of persons who as a result of having mental or physical disabilities (dumbness,
deafness, blindness, etc.) are unable to fully enjoy their rights – upon establishing the presence of
such disabilities;
4) in respect of persons who have no knowledge of the language in which criminal
proceedings are conducted – upon establishing this fact;
5) in respect of a person subject to compulsory medical measures or where application of
such was considered, – upon establishing that the person concerned is insane or other
information giving ground to doubts about the person’s criminal capacity;
6) in connection with the discharge of a deceased person – when the right to the discharge
of the deceased person has arisen.
8) in respect of persons who are under special pre-trial investigation or special judicial
proceedings - from the moment of making the corresponding procedural decision.
{Subparagraph 8 of the second paragraph of Article 52 is added by Law № 1689-VII of
07.10.2014}


Article 53. Engagement of defense counsel in a particular procedural action
1. The investigator, public prosecutor, investigating judge or court shall engage a defense
counsel in an individual procedural action in accordance with the procedure set forth in
Article 49 hereof exceptionally in urgent cases, where the procedural action is required
immediately, and the defense counsel who was informed in advance cannot appear to participate
in such procedural action or send a replacement, or where the suspect or accused person is
willing to have a defense counsel engaged, but either there was not enough time to engage
defense counsel or the appearance of selected counsel chosen is not possible.
2. The suspect and accused shall also have the right to commit a defense counsel to
participate in an individual procedural action. Where there is no need to conduct any urgent
procedural actions with the participation of a defence counsel and when the arrival of the defence
counsel chosen by the suspect or accused is not possible within twenty-four hours, the
investigator, public prosecutor, investigating judge and court may request that such suspect or
accused have another defence counsel committed.
3. During the conduct of a particular procedural action, defense counsel shall have the same
rights and duties as the defense counsel who conducts the defense throughout criminal
proceedings.
4. Both before a procedural action and thereafter, the defense counsel shall have the right to
meet the suspect, accused in order to prepare for the conduct of the procedural action or to
discuss its results.
5. Conducting the defense during a particular procedural action shall not impose on the
defense counsel the obligation to continue the defense throughout the entire criminal proceedings
or at any stage thereof.


Article 54. Waiver or replacement of a defense counsel
1. The suspect, the accused has the right to waive or replace the defense counsel.
2. Waiver or replacement of defense counsel shall take place solely in the presence of
defense counsel after an opportunity for confidential communication has been given. Such
waiver or replacement shall be reflected in the record of procedural action.
3. Waiver of defense counsel shall not accepted when participation of the defense counsel
is mandatory. If the suspect or accused refuses to be represented by a specific defense counsel
and does not employ any other counsel, a defense counsel shall be committed in accordance with
the procedure set forth in Article 49 hereof for appointment of a defence counsel.

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