draft laws

№2804 Draft law on amendments to certain legislative acts of Ukraine to empower the military law enforcement bodies of the Armed Forces of Ukraine to conduct preliminary investigation of criminal offenses and conduct operation and search activities

The aim of a draft law

Empowering the Military Police to conduct pre-trial investigation and implementation of OSA is unacceptable for the following reasons:
1. Violation of ch. 4. 17 of the Constitution of Ukraine, which provides that “military units can not be used to limit the rights and freedoms of citizens.” Such investigation is precisely the activity that infringes on the rights of citizens.
2. Violation of European standards, because soldiers can not ensure the independence of the preliminary investigation. ECHR decision in the case “Sergey Shevchenko v Ukraine” dated April 4, 2006.
3. Ukraine will not receive a visa-free regime as a result of adopting this law. In the latest report on the implementation by Ukraine of the EU conditions for visa-free regime by May 8, 2015, it was stated that we have to relieve the SSU from pre-trial investigation and establish clear relationships between prosecutors and investigators (paragraph of the report). Increasing the number of investigations directly contradicts this obligation. So we might not get this liberalization even in 2016.

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