Federation of Employers: amendments to the Criminal Procedure Code provide additional guarantees for business protection and a clear signal that criminal proceedings will not be a tool of pressure

Recently, the Committee of the Verkhovna Rada of Ukraine on Law Enforcement supported a draft law that provides for amendments to the Criminal Procedure Code of Ukraine regarding the improvement of guarantees for the protection of business entities during criminal proceedings (No. 12439). The Federation of Employers of Ukraine believes that thanks to these changes, businesses will receive additional guarantees — clear terms of arrests, appeal of the legalization of "urgent" searches, writes UNN.

The legislative novelties provide for amendments to Article 214 of the Criminal Procedure Code, which defines the procedure for initiating a pre-trial investigation. This refers, in particular, to the procedure for entering information into the ERDR regarding crimes under Article 191 of the Criminal Code and crimes in the sphere of economic activity. Data on a criminal offense are now entered into the register only when there are sufficient grounds by the head of the prosecutor's office or his deputies. This limits the practice of opening cases for quantitative indicators, or on far-fetched grounds, believes Dmytro Oliynyk, head of the FRU council, who was present during the discussion of legislative changes at the meeting of the relevant VR committee.

The Federation of Employers named the advantages of the changes to Article 214 of the Criminal Procedure Code of Ukraine regarding Article 191 of the Criminal Code:

1. Reduction of the number of unfounded proceedings.

Previously, any statement or even an anonymous tip could serve as a basis for automatic entry into the ERDR.

Now - only after verification and in the presence of sufficient grounds, which makes chaotic "burdening" of business with criminal cases impossible.

2. Personal control of the head of the prosecutor's office.

Entry of data into the ERDR is allowed exclusively by the head of the prosecutor's office, which adds weight to the decision and increases responsibility.

This eliminates the "manual mode" on the part of ordinary prosecutors or investigators.

3. A blow to statistical manipulations.

The practice of "catching up" with disclosure indicators through the mass opening of cases under Article 191 of the Criminal Code loses its meaning.

The focus is on the quality of investigations, not their quantity.

4. Less pressure on business.

Company owners and top managers often became targets for "preventive" cases, which were opened only to create problems.

Now business receives greater immunity from far-fetched persecution.

5. Rational use of investigative resources.

Investigative bodies will be forced to weed out meaningless materials and focus on cases where there is indeed a crime.

This increases the efficiency of the entire law enforcement system.

6. Prevention of raiding schemes.

Article 191 of the Criminal Code was often used as a tool for the forceful seizure of enterprises through "artificial" criminal proceedings.

The new norm reduces the scope for abuse in corporate conflicts.

7. Strengthening legal certainty.

The business environment receives a clear signal: the opening of proceedings will no longer be a tool for pressure.

This creates predictability and improves the investment climate.

8. Compliance with ECHR principles.

The European Court of Human Rights has repeatedly emphasized that the opening of criminal proceedings without sufficient grounds is a violation of human rights.

This change brings Ukraine closer to European standards of criminal procedure.

Recall

The draft Law on Amendments to the Criminal Procedure Code of Ukraine regarding the improvement of guarantees for the protection of business entities during criminal proceedings was adopted as a basis in February 2025. It is currently being finalized for the second reading.