Weekly analysis for 09 — 15 June

The Government Proposes Establishing Penitentiary Inspections

Event

The Cabinet of Ministers of Ukraine has submitted to Parliament Draft Law № 15300“On Establishing a Dual System of Regular Penitentiary Inspections”.

The draft law provides for the creation of 2 systems of penitentiary inspections in places of detention: internal and external inspections.

Internal inspections would be carried out by the public authorities responsible for the relevant places of detention, including the Security Service of Ukraine, the Ministry of Defence, the National Guard, the Ministry of Justice, the National Police, the State Border Guard Service, the State Migration Service, and the Ministry of Health. 

External penitentiary inspections would be carried out by the Ukrainian Parliament Commissioner for Human Rights.

CPLR’s assessment

The draft law is similar to the Government’s Draft Law №  5884 of 2 September 2021, which remained pending in the Verkhovna Rada of Ukraine for 4 years and was withdrawn following a change in the composition of the Cabinet of Ministers in 2025.

The preparation of this law is part of the penitentiary system reform, which is set out as an interim benchmark for Ukraine’s EU accession (IBM 23.11). 

The need to adopt this law is also provided for in paragraph 9 of the Transitional Provisions of the Constitution of Ukraine concerning the limitation of the prosecution service’s powers. A decade after the 2016 constitutional amendments on justice, and pending the entry into force of this law, the prosecution service continues to supervise compliance with the law in the enforcement of court decisions in criminal cases and in the application of other coercive measures involving restrictions on personal liberty (this function is no longer provided for in Article 131-1 of the Constitution of Ukraine).

At the same time, the draft law provides for the exclusion of Article 26 of the Law on the Prosecutor’s Office, which concerns prosecutors’ powers to supervise compliance with the law in the enforcement of court decisions in criminal cases.

However, the proposed new wording of Article 25-1 of the Law on the Prosecutor’s Office would empower prosecutors, alongside their procedural supervision of pre-trial investigations, to act in relation to “other matters arising in the course of criminal proceedings”. The powers proposed in the draft law largely replicate those currently exercised by prosecutors under Article 26 of the Law: visiting places of detention, communicating with detainees, obtaining documents, materials, explanations, and enforcement case files, and applying to court. The draft law would also introduce an open-ended clause allowing prosecutors to “exercise other powers provided for by law”.

Retaining such powers for prosecutors after the law enters into force would be inconsistent with the Constitution of Ukraine. Moreover, in relation to “other matters arising in the course of criminal proceedings”, prosecutors already have the powers provided for by the Criminal Procedure Code and the Law on Operational Search Activities.

If adopted, the law would introduce a lengthy transitional period — 12 months from the date of publication — allowing time for the necessary regulatory, organisational, and financial measures to be taken.

The Government Updates Timelines for Implementing EU Integration Commitments in the Rule of Law Area

Event

On 11 June, the Cabinet of Ministers of Ukraine introduced significant amendments to the Ukraine Facility Plan, which provides for EU funding for Ukraine for 2024–2027.

The amendments update the content and implementation timelines of 35 existing commitments and introduce 26 new commitments. Many of the new measures concern the rule of law and anti-corruption area.

The amendments to the Ukraine Facility implementation plan were prompted by the conclusion and ratification of the Agreement between the EU and Ukraine on a reparations loan of 27 May 2026. Under this Agreement, part of the EU macro-financial assistance will be disbursed only if Ukraine implements the required reforms, meaning that the “money for reforms” principle will apply.

CPLR’s assessment

The new measures under the Ukraine Facility Plan include:

– adoption of a law to extend the involvement of international experts in the work of the Competition Commission responsible for selecting members of the High Qualification Commission of Judges of Ukraine (Draft Law № 13382);

– adoption of the law to improve the handling of civil and administrative cases by the High Anti-Corruption Court (Draft Law № 14033);

– amendments to the Criminal Procedure Code to ensure the timely administration of justice;

– adoption of amendments to the Law on the State Bureau of Investigation;

– ensuring access for investigative bodies to high-quality forensic examinations.

The timeline for fulfilling all these commitments is the end of 2026.

Each of these reform commitments is linked to the disbursement of EUR 124 million in assistance to the State Budget (approximately UAH 6.5 billion). 

All these measures are reflected in a number of documents, including the Rule of Law Roadmap, the interim benchmarks for Ukraine’s EU accession, and the Action Plan for the implementation of the Comprehensive Strategic Plan for Reforming Law Enforcement Agencies. However, the list of measures and their implementation timelines indicate that they primarily relate to the implementation of the Joint Statement of the EU Commissioner for Enlargement and the Deputy Prime Minister of Ukraine for European and Euro-Atlantic Integration of 11 December 2025.