The Verkhovna Rada adopted a law specifying the procedure for the transfer of criminal proceedings is the Supreme court anti-corruption (WACHS).
As the correspondent of Agency “Interfax-Ukraine”, the presidential draft law (No. 1025) on amendments to some legislative acts of Ukraine regarding beginning of work of the WAX in the second reading and in General at a meeting on Wednesday voted 323 deputies.
Under the proposed changes, the jurisdiction of WAX under the Criminal procedure code as a court of first instance, court of appeal and the investigative judges applies to criminal proceedings, the information which was entered in the Unified register of pre-judicial investigations from the date of entry into force of the law on amendments to some legislative acts of Ukraine on the beginning of the WAX. This court will have jurisdiction over the production, brought in eRDR before the entry into force of this law, if the pre-trial investigation is carried out or carried out by the National anticorruption Bureau of Ukraine, and completed by the prosecutors of the Specialized anticorruption Prosecutor’s office.
All petitions and indictments in these cases are filed to the investigating judges of the WAX, the appeal to the Appeals chamber of the WAX. If the case is not considered in the first instance and appeal prior to the entry into force of this law, such proceedings are transferred to the WAX for consideration in the prescribed manner.
The law will enter into force the day after publication.
As noted in the explanatory note to the draft law, the current wording of the transitional provisions of the law on WAX can lead to the anti-corruption court should be transferred to criminal proceedings, which the other courts, resulting in the WAX will go thousands of criminal proceedings that do not relate to the top-corruption industries that have expired periods of limitation, and which were investigated by the bodies of preliminary investigation in violation of the rules of jurisdiction.
According to the representative of the President in the constitutional court Theodore Venslauskas, WAX “will receive more than 3,000 criminal cases that he will be forced to register, and it will paralyze the work of the court”.
As noted in the explanatory Memorandum to the bill, as at 5 September 2019 (the beginning of the court) only 5% of cases that have to the court, investigated the NABOO and they belong to the category of cases of corruption among high-ranking officials.
MPs also voted in favour of reducing the time of preparation of the bill for the second reading.