Representation of a legal entity, in respect of which the proceedings are being carried out

According to Article 64-1 of the Criminal Code of Ukraine:

1. A representative of a legal person in respect of whom proceedings are being conducted may be:

• a person who, in criminal proceedings, is entitled to be a defender;
• the head or other person authorized by law or constituent documents;
• an employee of the legal entity.

2. The authority of a representative of a legal entity, in respect of which the proceedings are being conducted, to participate in the proceedings shall be confirmed:

1) the documents stipulated by Article 50 of this Code, if the representative is a person who has the right to be a defense counsel in criminal proceedings;

2) copy of constituent documents of the legal entity, if the representative is the head of the legal entity or another person authorized by law or constituent documents;

3) a power of attorney if the representative is an employee of the legal entity.

3. During criminal proceedings, a representative of a legal entity shall have the right:

1) to know in connection with which criminal offence legal person proceedings are being conducted and to give explanations in this regard;

2) to use legal assistance;

3) to collect and present evidence to the investigator, prosecutor, investigating judge, and court;

4) to participate in the performance of procedural actions;

5) during the conduct of procedural actions to ask questions, submit comments and objections regarding the order of the actions recorded in the protocol, as well as get acquainted with the protocols of investigative (search) and other procedural actions carried out with his participation;

6) to use technical means in carrying out procedural actions in which he participates, in compliance with the requirements of this Code. The investigator, prosecutor, investigative judge, court shall have the right to prohibit the use of technical means during a particular procedural action or at a certain stage of the proceedings in order not to disclose information containing legally protected secrets relating to the private life of a person, on which a reasoned decision (ruling) shall be made;

7) to file a petition for procedural actions, to ensure the safety of oneself, one’s family members, close relatives, property, housing, etc;

8) to file recusals;

9) to receive copies of procedural documents and written notices;

10) to appeal against the decisions, actions and inactions of the investigator, prosecutor, investigator of the judge in the way prescribed by this Code;

11) to use his native language, receive copies of procedural documents in his native language or another language he knows, and, if necessary, use the services of an interpreter.

4. During pre-trial investigation, a representative of a legal entity shall have the right:

1) to participate in investigative (search) and other procedural actions, during which to ask questions, submit comments and objections regarding the procedure of the action, which are recorded in the protocol, as well as get acquainted with the protocols of investigative (search) and other procedural actions performed with his participation;

2) to consult the materials of the pre-trial investigation in accordance with the procedure stipulated by Article 221 of this Code, and to request the opening of materials in accordance with Article 290 of this Code.

5. A representative of a legal entity shall have the right during court proceedings:

1) to be informed in advance of the time and place of the court proceedings;

2) to participate in court proceedings;

3) to speak in the judicial debate;

4) to read the court register and the technical record of the trial, which the authorized employees of the court are obliged to provide to him, and to submit their comments to them;

5) to appeal against court decisions in accordance with the procedure established by this Code and initiate their review, to be aware of appeals and cassation appeals filed against them, applications for their review, to file objections to them.

6. A representative of a legal entity, in respect of which proceedings are carried out, shall also have other procedural rights provided for by this Code.
7. A representative of a legal entity must:

1) arrive when called to the investigator, prosecutor, investigating judge, court, and in case of impossibility of arriving in time – to inform about it in advance, as well as about the reasons for impossibility of arrival;

2) not hinder the establishment of circumstances of committing a criminal offence;

3) not disclose, without the permission of the investigator, prosecutor, or court, information which became known to him in connection with his participation in criminal proceedings and which constitutes a secret protected by law.

Bohomaz Andrii Pavlovych offers representation of a legal person in criminal proceedings in Kyiv, Ukraine.