Alona Lebedieva: Ukraine Risks Losing Investors Due to Flawed Amendments to the Criminal Procedure Code

A number of draft laws, including Draft Law No. 12367, have been registered in the Verkhovna Rada of Ukraine. These laws propose significant amendments to the Criminal Procedure Code and the Law of Ukraine “On the Prosecutor’s Office.” At first glance, this may seem like a purely technical matter. However, experts in Ukraine and abroad warn that these changes effectively introduce unlimited durations for pre-trial investigations and shift the burden of proof onto the defense. Such initiatives could significantly weaken the presumption of innocence and fundamental human rights.

The business community, which is already overcoming substantial challenges during wartime, risks being subjected to endless inspections and criminal proceedings if these legislative changes are adopted. This will undoubtedly affect Ukraine’s investment climate and could undermine the trust of international partners, further complicating Ukraine’s integration into the European legal framework.

“Notably, such proposals may provoke outrage not only within the Ukrainian business community. European partners and international organizations, which closely monitor reforms in Ukraine, have repeatedly emphasized that guarantees of equality of arms and transparent investigative procedures are fundamental elements of a legal system. Without these, it is difficult to talk about investor trust and further European integration,” said Alona Lebedieva, owner of the Ukrainian multi-industry industrial and investment group, Aurum Group.

According to business representatives, if these legislative amendments are adopted, law enforcement agencies will gain the ability to indefinitely hold companies in a state of legal uncertainty. This will not only lead to job losses and reduced tax revenues but also negatively impact Ukraine’s reputation as a promising country for investment.

“On behalf of Aurum Group, I would like to openly state: we support the concerns of our colleagues from business associations and believe that adopting the above-mentioned initiatives without thorough analysis and discussion will lead to a rollback of entrepreneurial freedoms, create an atmosphere of fear, and slow down economic recovery. Today, as the entire country makes extraordinary efforts to resist military aggression and simultaneously strives for integration into the European community, any new legislative mechanisms must maximally protect the rights and interests of society rather than place entrepreneurs in an even more vulnerable position,” noted Alona Lebedieva.

Instead of increasing pressure, Ukraine needs a legal system capable of clearly and timely distinguishing between actual criminal risks and regular business activities. It is critical to ensure that the law does not turn into a tool for retaliation against businesses and that every entrepreneur can count on a fair and transparent trial.

“That is why Aurum Group calls on lawmakers to reject these questionable draft laws, hear the voice of the business community, and initiate broad public discussions involving experts and civil society. We are convinced that only through constructive dialogue can a modern and European model of criminal justice be formed, enabling Ukraine to maintain investor trust, stimulate entrepreneurial development, and ensure a stable future for all citizens,” concluded Alona Lebedieva.