Yurydychna Gazeta together with the team from AVER LEX Law Firm, conducted a study titled “Assessing the Effectiveness and Independence of Anti-Corruption Bodies: Lawyers’ Perspective.”
The results are available at the following link: https://is.gd/uJ5yh5
The survey revealed that while the legal community acknowledges the importance of anti-corruption bodies, doubts remain regarding their independence and effectiveness.
We discussed the findings with representatives of NABU, SAPO, HACC, and a lawyer specializing in defending clients in corruption cases. The discussion included:
— Andrii Nykyforov, Judge-speaker of the Appeals Chamber of the High Anti-Corruption Court
— Olga Prosyanyuk, Managing partner of AVER LEX Law firm
— Andrii Kasian, Prosecutor
— Oleksandr Tsyvinskyi, Head of the Third Unit of Detectives of the Second Main Department of Detectives
A total of 178 respondents participated in the survey, with 82% having significant experience in anti-corruption defense—ranging from 8 to over 15 years. Participants included representatives of large and small law firms as well as solo practitioners from various regions of Ukraine.
#NABU #SAPO #HACC #lawyers #bail #corruption #anti_corruption_bodies #statistics #verdict #media #defendant #agreements #punishment #independence #effectiveness
Discussion Timeline:
00:00 Introduction
02:12 Presumption of innocence in corruption cases
02:26 Risk of violating the presumption due to NABU disclosures
04:34 Balancing public interest and defendants’ rights
07:18 Presumption of innocence violations in legal practice
11:56 Statistics on convictions and acquittals in HACC
14:08 Statements by anti-corruption bodies in the media as judicial pressure
15:21 Pressure on anti-corruption bodies from NGOs and media
16:12 Information leaks from NGOs and media, their impact
34:19 Lawyers consider NGO pressure to be high
37:29 HACC should issue rulings based on an adversarial process
42:36 Media and NGOs should separate facts from emotions
43:11 Independence of anti-corruption bodies from one another
51:44 Use of plea agreements in corruption cases
1:13:53 Bail and its proportionality to charges
1:21:13 Bail as a bargaining tool
1:28:15 Proportionality of punishment in corruption cases
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