New pre-trial investigation rules: why businesses and citizens should be wary?

From January 1, 2024, the law enhancing the independence of the Specialized Anti-Corruption Prosecutor’s Office (Law № 3509-IX of 08.12.2023) came into effect. This law abolished the deadlines for pre-trial investigations in factual criminal cases, previously set by the “Lozovyi amendments”. Now, law enforcement agencies can conduct investigations of criminal cases indefinitely without notifying the suspects, raising significant concerns about potential abuses and pressure on citizens and businesses.
These changes cannot be ignored. From our experience, we know that law enforcement agencies often conducted cases for years without sufficient evidence to press charges, resorting to property arrests and other restrictive measures. Previously, at least the court had the ability to control the pre-trial investigation deadlines, but now this control mechanism has been lost.
Consider an example: a criminal case can last 10-20 years, during which searches, property and account arrests, and phone tapping are conducted, without any real action to bring the case to court. Such actions are often used for pressure for personal gain, on order, etc.
Until 2024, the “Lozovyi amendments” served as a certain deterrent to such abuses by law enforcement agencies, but with the new law, this barrier has disappeared. It is essential for the business and legal community to unite to analyze and assess these legislative changes.
We call for discussion and dissemination of information about these changes, as united efforts can lead to improvements and ensure justice, the foundation of our state.





