Criminal investigations against politicians want to be closed from the public, and disclosure punished by imprisonment

Information about criminal proceedings against politicians at the pre-trial investigation stage is planned to be restricted. For this purpose, draft law No. 15289 has been registered in the Verkhovna Rada.

As stated in the explanatory note, the document was developed in implementation of the Parliamentary Assembly of the Council of Europe Resolution No. 2646 (2026) "Violence and hate speech against politicians: a threat to democracy."

The authors of the draft law point out that in cases involving persons holding political positions, there is an increased risk of using pre-trial investigation information as a tool for political pressure, discreditation, or influence on political competition even before a court decision is made.

It is noted that the current criminal procedural legislation of Ukraine contains general provisions regarding the non-disclosure of pre-trial investigation information and allows its disclosure with the permission of an investigator or prosecutor. However, this model does not take into account the specifics of criminal proceedings involving persons holding political positions and does not provide a special safeguard in the form of prior judicial control over the disclosure of information specifically before the indictment is sent to court.

Therefore, the authors of the initiative see the need to legislatively introduce a special procedural mechanism whereby, before sending the indictment to court, disclosure of pre-trial investigation information in criminal proceedings involving persons holding political positions is allowed only with the prior permission of an investigating judge.

What the draft law provides

The draft law proposes to establish that before sending the indictment to court, pre-trial investigation information in criminal proceedings concerning certain persons may be made public only based on a ruling of an investigating judge.

The document plans to define persons holding political positions as the President of Ukraine, members of parliament, members of the Cabinet of Ministers, and heads of central executive bodies.

According to the draft, the court may grant permission to disclose information only if the overriding public interest is proven and there is no risk of violating the presumption of innocence, the rights of participants in the process, or harm to the pre-trial investigation.

The investigating judge's ruling must also specify the information allowed for disclosure, the method, scope, and limits of its disclosure. Disclosure of information beyond the limits defined by the investigating judge's ruling will be prohibited.

It is also proposed to grant the person regarding whom disclosure is being considered the right to express objections. The investigating judge's ruling may be appealed in appellate and cassation procedures, and filing a complaint will suspend its execution.

The person whose information is disclosed also has the right to simultaneously publish their position in the media, social networks, to refute information they consider unreliable, and to have equal access to official communication channels.

The changes also concern confidential cooperation with law enforcement agencies. The draft law prohibits involving members of parliament of Ukraine and judges in confidential cooperation during covert investigative (search) actions or other forms of covert interaction. Materials obtained in violation of this prohibition are proposed to be recognized as inadmissible evidence.

Additionally, the document includes as exceptional circumstances for reviewing a court decision the presence of a statement, declaration, friendly settlement agreement, or other procedural document submitted on behalf of Ukraine to such an international judicial institution in which Ukraine recognized violations of international obligations in resolving the case by the court.

Penalties for illegal disclosure of pre-trial investigation information regarding persons holding political positions

The document proposes to establish that disclosure of pre-trial investigation information in a criminal proceeding concerning a person holding a political position without a ruling of an investigating judge or exceeding the limits defined by such a ruling,

– is punishable by probation supervision for a term of three to five years or restriction of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.

The same act, committed repeatedly, or if it caused significant harm to the rights, freedoms, or legitimate interests of a person, harmed the pre-trial investigation, or was aimed at forming in society the impression of the person's guilt before a legally binding guilty verdict,

– is punishable by restriction of liberty for a term of three to five years or imprisonment for up to three years, with deprivation of the right to hold certain positions or engage in certain activities for up to five years.

In the article, the term "person holding a political position" is used in the meaning defined by the Criminal Procedure Code of Ukraine.

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