PROCEDURAL GUARANTEES OF THE DEFENCE IN CRIMINAL PROCEEDINGS CONCERNING CORRUPTION OFFENCES

Abstract

This academic article is devoted to a comprehensive study of topical issues concerning the protection of the procedural rights and guarantees of the defence in criminal proceedings relating to corruption offences in Ukraine. It addresses one of the most pressing issues in contemporary jurisprudence: the conflict between society’s demand for a tough fight against corruption and the need to uphold fundamental standards of fair trial. The relevance of the topic is underpinned by the state’s European integration course and the need to implement the recommendations of international partners, in particular GRECO. Emphasis is placed on the fact that strengthening the state’s repressive capacity must not come at the expense of disregarding human rights. The theoretical basis of the article is grounded in the Constitution of Ukraine, the Code of Criminal Procedure and international instruments, in particular Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees the right to a fair trial. The article focuses primarily on analysing systemic violations of procedural guarantees, highlighting the following areas: the right to defence and access to legal aid; the principle of equality of the parties and access to case materials; the issue of incitement to commit a crime; pre-trial measures; and proceedings in absentia. Proposals have been put forward to improve the legislation. In particular, it is proposed to: clarify in law the criteria for a ‘passive investigation’ in Article 271 of the Code of Criminal Procedure; to introduce mandatory declassification of materials from the National Security and Defence Council following the conclusion of the pre-trial investigation; to set an upper limit on the amount of bail as a percentage of a person’s assets; to strengthen independent monitoring of human rights compliance in the activities of anti-corruption bodies by involving the Ombudsman. The conclusions summarise that the effectiveness of the fight against corruption and the protection of human rights are mutually reinforcing elements. Only a verdict handed down in compliance with all procedural safeguards can be considered legitimate and capable of withstanding challenges in international courts.