Messengers for Summons: Court Appearances Will Be Called Online, and Lost Criminal Case Materials in Temporarily Occupied Territories Will Be Restored

The Verkhovna Rada has registered Draft Law No. 15376 dated 03.07.2026 "On Amendments to the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, and Other Legislative Acts Regarding Criminal Proceedings That Are Impossible to Conduct Due to the Temporary Occupation of Certain Territories of Ukraine as a Result of Armed Aggression Against Ukraine."

Currently, Ukrainian law enforcement agencies face the impossibility of conducting investigative actions and enforcing sentences against persons located in temporarily occupied territories (TOT) or in the aggressor state.

The bill is developed to improve national legislation, as it currently does not provide procedures for restoring case materials in which no verdict has yet been issued.

Essence of the Legislative Changes

The document proposes systemic changes to the Criminal and Criminal Procedure Codes of Ukraine, which will allow justice to be administered in conditions of no access to territories and case materials.

The main focus is on digitalizing the process of notifying suspects, expanding the possibilities of special (in absentia) investigations, and protecting the rights of persons who have already served part of their sentences under occupation conditions.

Summons via Messengers and Email

The bill establishes that a summons for a person, for whom there are sufficient grounds to believe they are in TOT or the aggressor state, shall be published on the official website of the Office of the Prosecutor General and in an official printed publication.

Additionally, the bill proposes that, if possible, other measures should be taken to summon such a person, including sending a notification to their email address, via messenger, social network, or text message.

If the person or their defender(s) have contact details, the summons shall also be sent to the defender(s).

From the moment the summons is published on the Prosecutor General's Office website, the person is considered duly notified of the summons.

Status of Decisions by Occupation Authorities

The bill pays special attention to documents issued by occupation authorities. It proposes that any acts (decisions, documents) issued by illegal bodies or officials created in a manner not prescribed by the Constitution and laws of Ukraine are invalid and do not create legal consequences.

At the same time, the court may consider information contained in such documents if there is evidence confirming their authenticity.

Suspension and Resumption of Pre-Trial Investigation

One of the key changes is the introduction of specific rules for cases where materials were lost due to occupation. The bill establishes that the pre-trial investigation in such proceedings is suspended by the prosecutor or investigator if the actions taken do not allow establishing the circumstances necessary to complete the case.

According to the draft, the investigation is resumed by the investigator or prosecutor upon motion of the parties or independently if sufficient evidence for its completion is found.

Importantly, the calculation of pre-trial investigation terms in such cases starts from the day of its resumption. Additionally, there is a possibility to close proceedings for minor crimes if the person is not identified and the statute of limitations has expired.

The court also gains the right to close such cases after the expiration of limitation periods without the suspect's consent, except for especially serious crimes against life and national security.

New Procedure for Restoring Lost Materials (Section IX³ of the CPC)

The bill introduces a mechanism for restoring criminal proceedings whose materials were destroyed or lost due to occupation. It establishes that such materials are subject to restoration based on a decision of an investigative judge or court upon motion of the prosecutor, investigator, or defense parties.

If the materials cannot be restored for appellate review, the court suspends the proceedings until they are found, but no longer than the limitation period for prosecution.

Release from Punishment and Recalculation of Terms

Special conditions are provided for persons whose serving of sentences was interrupted by occupation. The bill establishes that convicted persons are released from further serving of punishment by court decision if the relevant limitation periods have expired.

This rule does not apply to persons sentenced to life imprisonment or for crimes against national security, torture, and international crimes. For such persons, the period from the day when serving the sentence became impossible due to occupation until the day the person returned under Ukraine's jurisdiction is counted towards the served term.

Guarantees of the Right to Defense and Review of Verdicts

To ensure fair trial standards in in absentia procedures, the bill expands the rights of convicted persons. It establishes that upon the convicted person's motion, the appellate court has the right to re-examine all circumstances and evidence in the case.

It is also provided that an appeal may be filed within thirty days from the day of actual detention and delivery of a copy of the verdict.

Social Adaptation of Convicted Persons

Moreover, the bill introduces relevant amendments to the Law of Ukraine "On Social Adaptation of Persons Serving or Having Served Sentences in the Form of Restriction of Liberty or Imprisonment for a Certain Term."

The amendments to the relevant law equate released persons with those convicted by Ukrainian courts but serving sentences in TOT or in the Russian Federation.

This will allow such persons to receive assistance in social adaptation after returning under Ukraine's control.

Thus, Draft Law No. 15376 proposes a comprehensive mechanism for restoring justice in cases blocked due to armed aggression. The introduction of electronic notifications, procedures for restoring lost materials at any stage, and clear rules for crediting the "occupation" period of serving sentences aims to ensure accountability while respecting the procedural rights of participants.

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