The accused will get a chance to prove their innocence in court and claim compensation from the state: the Verkhovna Rada is considering changes to the Criminal Procedure Code

In Ukraine, the rules for closing criminal proceedings in private prosecution cases may be changed. Currently, it is enough for the victim to refuse the accusation, and the court is obliged to close the case, even if the accused insists on continuing the trial and seeks to prove their innocence. Because of this, a person may lose the opportunity to receive an acquittal, official rehabilitation, and claim compensation for unlawful criminal prosecution. Draft law No. 15218, aimed at addressing this problem, has already received a conclusion from the parliamentary Committee on Human Rights.

The Verkhovna Rada Committee on Human Rights, De-occupation and Reintegration of Temporarily Occupied Territories of Ukraine, National Minorities and Interethnic Relations reviewed the draft law on amendments to the Criminal Procedure Code regarding ensuring the rights of the accused in criminal proceedings in the form of private prosecution.

Following the review, the committee decided to appeal to the Verkhovna Rada Committee on Law Enforcement with a proposal to consider its remarks during the processing of draft law No. 15218.

As previously reported by the "Judicial and Legal Newspaper", the draft law aims to change the current approach to closing criminal proceedings in the form of private prosecution.

Why there is a need to change the rules for closing private prosecution cases

Currently, part four of Article 26 of the Criminal Procedure Code provides that criminal proceedings in the form of private prosecution are initiated only on the basis of the victim's statement, and the victim's refusal of the accusation is an unconditional ground for closing the case. In such a case, the court is obliged to terminate the proceedings regardless of the accused's position.

Effectively, a person can be deprived of the opportunity to obtain a court decision on their innocence, even if they consider the criminal prosecution groundless.

At the same time, closing the case due to the victim's refusal of the accusation is not considered a rehabilitative ground. This means that the court does not establish the person's innocence, and the criminal prosecution is terminated solely due to the victim's will.

Why closing a case based on the victim's statement does not grant the right to compensation

As a result, the person does not acquire the right to compensation under the Law of Ukraine "On the Procedure for Compensation for Damage Caused to a Citizen by Illegal Actions of Bodies Conducting Operational-Investigative Activities, Pre-Trial Investigation Bodies, Prosecutor's Office, and Court." Such a right arises only in the case of an acquittal or closure of criminal proceedings on rehabilitative grounds.

These grounds include:

• absence of the event of a criminal offense;
• absence of elements of a criminal offense in the act;
• insufficient evidence to prove the guilt of the person in court, provided that all possibilities to obtain such evidence have been exhausted.

When criminal proceedings are closed due to the victim's refusal of the accusation, the court does not establish the person's innocence. That is why this ground is not considered rehabilitative.

As a result, a person effectively loses the opportunity to claim compensation from the state even in cases where the criminal prosecution lasted for years.

What draft law No. 15218 proposes

Draft law No. 15218 proposes to grant the accused the right to object to the closure of criminal proceedings in case of the victim's refusal of the accusation.

To this end, it is proposed to amend Articles 26 and 284 of the Criminal Procedure Code of Ukraine.

According to the proposed changes, the victim's refusal will remain a ground for closing the case, but it will not apply if the accused objects to such closure.

In this case, the criminal proceedings will continue in the general order, allowing the person to seek an acquittal and full rehabilitation.

Thus, the draft law effectively gives the accused the right to independently decide whether to agree to close the case or to continue the trial to prove their innocence.

What damages can be compensated after rehabilitation

In case the right to compensation arises, the person may claim, among others, compensation for:

• lost earnings and other income due to unlawful prosecution;
• the value of property that was confiscated, seized, or under arrest;
• fines paid under an unlawful verdict;
• court costs;
• expenses for legal assistance;
• moral damages.

Moral damages are subject to compensation when illegal actions of pre-trial investigation bodies or courts caused moral suffering, disruption of usual life connections, or required the person to make additional efforts to organize their life.

The amount of such compensation is determined by the court. At the same time, the law establishes a minimum guarantee: compensation cannot be less than one minimum wage for each month the person was under investigation or trial.

Damages are compensated from the state budget regardless of whether the guilt of officials who conducted the investigation or trial was established.

The case of Nadiya Trofimova: the case is already under consideration by the Constitutional Court

One example of the problem the draft law aims to solve is the case of Nadiya Trofimova.

She appealed to the Constitutional Court with a complaint regarding the constitutionality of part four of Article 26 and paragraph 7 of part one of Article 284 of the Criminal Procedure Code of Ukraine.

On March 11, 2026, the First Senate of the Constitutional Court considered the case at an open part of the plenary session in the form of written proceedings.

The complainant objected to the closure of criminal proceedings based on the victim's statement and insisted on the necessity of an acquittal to prove her innocence.

However, courts of all instances indicated the obligation to close the proceedings after the victim refused the accusation.

According to the complainant, such a legal construction violates her right to respect for human dignity and the right to judicial protection.

Currently, the Constitutional Court has not yet made a decision in this case.

Thus, draft law No. 15218 proposes a legislative mechanism that will allow the accused in private prosecution cases to continue the trial even after the victim refuses the accusation if they seek to establish their innocence and obtain full rehabilitation.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook page and Instagram to stay informed about the most important events.