Problem

Ensuring the proper speed of judicial examination of criminal proceedings involving corruption and corruption-related offenses is one of the recommendations in the European Commission’s opinion on Ukraine’s progress to membership in the European Union. However, all of this still remains a challenge: the number of pending cases is increasing, and the number of cases reviewed by the courts is less than the number of cases submitted to the court. Proceedings get discontinued due to the statute of limitations.
In practice, flaws of legislative regulation give rise to situations where procedural rights are abused by parties to criminal proceedings, where parties to proceedings systematically fail to appear in court, and where the court lacks effective mechanisms to influence such parties. Revision of the provisions of the Criminal Procedure Code of Ukraine dealing with the procedure for summoning individuals who are abroad, the requirement to read the full text of the verdict, and the possibility of holding court hearings in the presence of at least one defense counsel for each suspect or the accused will also help ensure the proper speed of the judicial examination. At the High Anticorruption Court, a positive impact on the dynamics of the trial can also be achieved by revising the requirements for review of all criminal proceedings in the court first instance by a panel of judges.
In 2021, the substantive jurisdiction of the High Anticorruption Court was already narrowed down due to an increase in the size of the object of the crime or the harm caused by it, and the need for more changes along this path requires analysis. If the analysis findings point to this need, the relevant measures will be included in the State Anticorruption Program towards implementation of the Anticorruption Strategy during its revision.
Practice shows that some cases falling under the substantive jurisdiction of the High Anticorruption Court were examined by other courts. In order to prevent such practices and achieve the goals for which the specialized court was established, legislative amendments should be made with respect to the jurisdiction of the Appeals Chamber of the High Anticorruption Court in all cases falling under the substantive jurisdiction of the High Anticorruption Court. Moreover, the High Anticorruption Court should be empowered to resolve issues related to the enforcement of verdicts handed down by this court.