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“The team was recently visible advising on a number of pharmaceutical cases. Sources agree that the team is “moving in the right direction” and are particularly impressed by its work in the pharmaceutical sector”.


The judges find themselves on the same side with the prosecutor’s office


Europe continues to assist Ukraine in reforming the criminal justice system. After the adoption of the new Code of Criminal Procedure the next step is the reform the entire system of criminal pre-trial investigation, in particular prosecution agencies, establishment of the State Bureau of Investigation.

In this regard the Council of Europe will assist Ukraine by providing professional expert consulting services. This week the project, which is financially supported by the Government of Denmark, was presented in Kyiv.
The managing partner of the law firm Mikhail Ilyashev spoke on the topic on the air of TVi channel.

TV host: Has enough time passed to evaluate such a conceptual document as the Code of Criminal Procedure – more than three months. How does it work?

Mikhail Ilyashev: I think that this time is not enough. For all the processes that started to be completed and pass all the stages governed by the new CCP not a month or two, but at least six months are needed. We already see a positive trend, because cases are investigated according to the new CCP, the role of judges, attorneys lawyers during the preliminary investigation has increased. However, the consciousness of judges has not changed unfortunately, they still find themselves on the same side with the prosecutor’s office. We will not see any progress in this area until the situation changes.

TV host: What processes are in progress in the legal profession, since the experts also called the law on bar as an integral part of reforming the criminal justice system? As you know, last year after the adoption of laws the advocacy began to experience hard times, split into two groups – two associations, two boards, each considering itself legitimate. In turn, the authorities try to control the bar associations in various ways.

Mikhail Ilyashev: In Ukraine the advocacy has never been a single unit as for example in Great Britain or other countries. The authorities tried to create a single unit by means of law. This attempt was not very successful. Moreover, the advocacy often criticized the prosecutor’s, the law enforcement agencies, and the courts. Unfortunately, the recent events have shown that the advocacy in Ukraine is the same as the society – with struggle for power, with fraud. I as an attorney can assure you that the vast majority of practicing lawyers did not participate in this show with the split. There were some people who tried to get powers in the advocacy, because they believe that after establishment of a single unit of attorneys they will be able to influence them somehow. The attorney may be influenced only by the principal, i.e. the person represented by the attorney.

TV host: A few days ago the media broadcasted widely the horror stories about the financial police with extraordinary powers. Today, this mini-scandal ended by the statement of the Prime Minister that the government will not draft the law on the financial investigations service.

Mikhail Ilyashev: It is likely that this was an attempt to test public reaction to the existence of a body with more rigid powers. We have the Security Service of Ukraine, which had a unit for protection of the state’s economy. They were deprived of these powers, and now the question of employment of these people arose. Maybe they will be employed under a new signboard.

TV host: No matter what service will be established the main issue will be how to govern its activities. There is a new Code of Criminal Procedure, therefore, this service will also be governed by this Code. There is the Constitution of Ukraine, therefore, this service shall also observe it. To create something extraordinary with extraordinary powers, it is necessary to amend the Constitution.

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