Leaking cases against politicians could lead to imprisonment: Parliament proposes a new article in the Criminal Code
9 June 09:11
A bill titled “On Amendments to Certain Legislative Acts of Ukraine in Compliance with Resolution No. 2646 (2026) of the Parliamentary Assembly of the Council of Europe,” which significantly changes the rules for disclosing information regarding pre-trial investigations involving individuals holding political office. This is reported by "Komersant Ukrainian" with reference to the text of the draft law.
The document proposes introducing a special procedure for disclosing information in criminal proceedings concerning the President of Ukraine, members of parliament, members of the Cabinet of Ministers, and heads of central executive bodies.
What is proposed
According to the draft law, prior to the indictment being submitted to the court, information regarding the progress of a pre-trial investigation involving politicians may be disclosed only on the basis of a ruling by an investigating judge.
To obtain such permission, the prosecutor or investigator, in consultation with the prosecutor, must demonstrate the existence of an overriding public interest and the absence of risks to the presumption of innocence, the rights of the parties to the proceedings, and the investigation itself.
The court will also determine exactly what information may be disclosed, to what extent, and by what means.
Protection Against “Media Verdicts”
The document specifically emphasizes that the disclosure of unverified, fragmentary, or information that creates a public perception of a person’s guilt prior to a court decision cannot be considered a public interest.
The person regarding whom the disclosure of information is planned must be notified of the consideration of the relevant motion, and is granted the right to submit their objections, as well as the right to simultaneously publish their own position in the media and on social networks.
Prohibition on serving as a “NABU agent”
The bill also proposes prohibiting the involvement of members of the Ukrainian Parliament and judges in confidential cooperation during covert investigative (search) operations and operational-investigative activities.
In addition, materials obtained in violation of this prohibition will be deemed inadmissible evidence.
Watch us on YouTube: important topics – without censorship
New criminal liability
The document provides for the introduction of a new Article 387-1 of the Criminal Code of Ukraine—“Illegal Disclosure of Pre-trial Investigation Information Concerning Persons Holding Political Office.”
For the disclosure of such information without a court order or in excess of the limits set by a court ruling, it is proposed to establish penalties ranging from probation to restriction of liberty.
If such actions are repeated, cause significant harm, or contribute to the formation of a public perception of the person’s guilt before a verdict becomes final, the penalty may include up to three years of imprisonment.
Context
The authors of the bill justify the changes by the need to implement the recommendations of the Parliamentary Assembly of the Council of Europe regarding the strengthening of guarantees of the presumption of innocence and protection against politically motivated information campaigns during criminal investigations.
The author of the bill is MP Serhiy Vlasenko.
At the same time, the initiative has already sparked debate and calls not to support it, particularly from representatives of the Center for Political and Legal Reforms (CPLR). They argue that if the bill is supported, the publication of various “NABU tapes” and videos containing elements of non-public information—during the pre-trial investigation stage—will become virtually impossible.
This is because such information falls under the description outlined in the draft law: unverified, fragmentary, or information that shapes public perception of a person’s guilt prior to a court ruling.
Read us on Telegram: important topics – without censorship
