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But the procedure for those who is abroad. So Makar, staying abroad, would be problematic to figure out that in respect of a person has a criminal case" — identified managing partner of law firm "Prove Group" Vladislav Mr Kochkarov.
With all this, other effective international procedures for notification of such individuals are not foreseen.
All under the law.
In General, according to lawyers, the main danger of the bill is that it makes the base for redistribution affiliation of those who left the country, but is or may become a suspect in committing a number of atrocities. And it's not just opponents of the current authorities. It could be anyone.
on Friday (31 October 2014) entered into force a law which, according to the company's lawyers "Prove Group", gives background for legalized redistribution facilities. Specifically, the Law of Ukraine "On introduction of configurations in the criminal code and the criminal procedural code of Ukraine concerning the irreversibility of punishment for certain crimes against the foundations of national security, civilian security and corruption crimes", providing for absentee consideration of criminal cases without the presence of the accused.
As noted lawyers, adopted by the Parliament and signed by the President of Ukraine, the law takes into account only a small proportion of the observations that have previously been voiced by experts and professionals.
the Law does not contain restrictions.
With all of this, you must also consider that, of the 46 articles of the Criminal Code, which can be absentee consideration of the charges, two-thirds anticipate as penalties and confiscation of property.
Thus, when a person is long time out of the country, it could be accused of committing atrocities, to hold in absentia criminal proceedings and to confiscate his property.
And later who need to implement. Namely, only few have clarified the function of the appeal of these criminal decisions and skidded configuration to the Law of Ukraine "On ratification of the European Convention on international reality of judicial decisions in criminal matters". Otherwise, the law remained a lot of controversial issues.
"In particular, confuses provision that provides that from the date of publication of the agenda in the national media of mass information, a person shall be considered duly notified of its contents. To publish, you most likely will be in the Newspapers "Holos Ukrainy" and "Uryadovy Kuryer".
there is a feeling that their and find really not sure, and with law enforcement agencies, in fact, removed the obligation to track down the suspect who left the territory of Ukraine. The main right to execute all procedural documents.
Such provisions, according to lawyers, is in direct contravention of the Convention for the protection of human rights and fundamental freedoms, article 6 of which, definitely shows that a person accused of a crime has a fundamental right to be informed of charges against him sins, also have the opportunity to defend themselves in court personally, and still have time to prepare for such protection.
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