Problems of Improving Criminal Proceedings in Absentia: Scientific Analysis of Certain Legislative Initiatives

Abstract

This article analyzes the legislative initiatives aimed at improving criminal proceedings in absentia, which include special pre-trial investigation and special court proceedings, in accordance with the draft Law of Ukraine «On Amendments to the Criminal Code of Ukraine and the Code of Criminal Procedure of Ukraine on Prevention of Cases of Evasion of Criminal Liability of Persons Who Committed Criminal Offenses Against the Fundamentals of National Security of Ukraine» No. 11517 dated 22.08.2024. The author analyzes the essence of the proposed amendments to the criminal procedure legislation of Ukraine with due regard to the peculiarities of special pre-trial investigation (in absentia) under martial law. Taking into account international documents and the position of European institutions, the author expresses critical remarks on the unreasonable proposals of the draft law. It is proved that in order to achieve the purpose of the draft law - to prevent the avoidance of criminal liability for criminal offenses against the foundations of national security of Ukraine, instead of introducing appropriate amendments to the Criminal Procedure Code of Ukraine and special pre-trial investigation, it is necessary to reform the provisions of the Criminal Code of Ukraine, in particular, Article 1111 «Collaboration Activities» of the Criminal Code of Ukraine. The expediency and necessity of reforming this legal provision is indicated by the studies of domestic scholars, international institutions, in particular, the Office of the United Nations High Commissioner and human rights organizations. From the point of view of legal certainty as an integral part of the rule of law, it is determined that ambiguity in the content of the law on criminal liability is unacceptable, since this leads to the inability to foresee the consequences of one's actions and to have appropriate legitimate expectations. Based on the results of the study, the author proposes a concept of relevant legislative changes with a view to bringing Ukrainian criminal legislation in line with international standards.