Legal experts with the Council of Europe met with MPs on Feb. 19 to discuss further reforms of Ukraine’s criminal code, the Kommersant-Ukrayina newspaper reported. The experts wanted to discuss reforming prosecution in the country and developing a State Bureau of Investigations within the framework of implementing the criminal code approved in April 2012. The MPs, who were exclusively of the opposition, criticized the new criminal code, stating that the administration of President Viktor Yanukovych has distorted its implementation. For example, prosecutors have added new instructions that contradict the code’s provisions. Opposition MPs also pointed to the current prosecution of former Prime Minister Yulia Tymoshenko for alleged murder, which is occurring under the code’s conditions that they alleged don’t meet Western standards.
Zenon Zawada: Despite the opposition’s criticisms, the Council of Europe legal experts pointed out that the new criminal code is worth building on, considering it’s the first significant change in Ukraine’s criminal law since the 1960s, when Stalinists were still in government. Yet the opposition MPs correctly pointed out that the Yanukovych administration has a tendency to abuse the law for its own political ends. Nevertheless, the new criminal code offers an adequate foundation to develop Ukraine’s fledgling legal system, with opportunities for changes and appeals along the way. No legislation is perfect and anyone with the intent to abuse the law will find the necessary loophole.