Draft Law 12439: How Ukrainian Businesses Seek Protection from Law Enforcement Pressure
In September 2025, Ukrainian businesses saw a glimpse of protection Parliament is preparing for the second reading of draft law No. 12439, which aims to limit arbitrary actions by law enforcement and make the criminal procedure more predictable. The bill is the result of numerous appeals from entrepreneurs, meetings with the President, legal consultations, and even input from law enforcement representatives.
And while it’s still far from final adoption, the core changes are already known. They touch upon dozens of articles in the Criminal Procedure Code and promise to reduce pressure on businesses. The only question is whether this reform will become yet another unresolved promise.
The initiative came in response to systemic problems that have eroded business trust in the state: indefinite freezing of accounts, groundless searches, seizure of property without explanation, and criminal proceedings launched to meet performance quotas.
In 2024-2025, these problems were raised during direct meetings between business representatives and President Volodymyr Zelenskyi. In response, the Council for Business Support under Martial Law was created. But the key promise reform of criminal procedure needed to be formalized in legislation.
After the first reading, lawmakers collected feedback from the market, legal experts, and law enforcement. Now, they are preparing the final version for the second reading.
Key Changes: What May Actually Change for Business
Indefinite Freezing of Bank Accounts Banned
Article 170 of the CPC.
Previously, bank accounts could be frozen indefinitely even in cases where the business wasn’t a direct party. This paralyzed company operations.
Now: arrests are limited to four months. Extensions require a new, reasoned court decision.
Searches Justified as “Urgent”: Now Restricted
Articles 233, 234, 172, 309 of the CPC.
Searches were often justified under the pretext of “urgency” even when there was no actual basis, and the business had no way to protect itself.
Now: after such a search, the owner must be notified of the court hearing, granted the right to be present, call witnesses, and file an appeal.
Seized Property Without Status No Longer Legal
Article 98 of the CPC.
Items were seized and often left for years without ever being recognized as evidence, which made it impossible to return or use them.
Now: investigators are required to promptly issue a resolution on the item’s status. Delays are no longer allowed.
Anything Not in the Search Protocol = Inadmissible
Articles 104, 105 of the CPC.
Everything seized must be included in the official search record. If not the item cannot be used as evidence in court.
Courts No Longer on Autopilot
Article 132 of the CPC.
Courts now have the right to summon witnesses, experts, and review materials before making decisions on arrests or searches. Rulings without analysis no longer acceptable.
Repeated Requests from Investigators Only with New Grounds
Previously, law enforcement could file identical motions multiple times, exhausting businesses. Now only if new facts emerge.
Time Limit on Access Requests 15 Days Maximum
Article 163 of the CPC.
Requests for temporary access to documents were often stalled. The new law sets a firm limit: no more than 15 days. If the requesting party fails to appear the case is dismissed automatically.
Return of Property Within 30 Days
Articles 174, 175 of the CPC.
Once an arrest is lifted, the owner must get their property back within 30 days. Delays are no longer an option.
Criminal Cases for Quotas Under Strict Control
Article 214 of the CPC.
One common tactic opening criminal cases under Article 191 of the Criminal Code (embezzlement) without substantial evidence.
Now: only the head of the prosecutor’s office can register such a case in the Unified Register, and only with sufficient proof.
Wrong Jurisdiction Can Now Be Challenged
Article 216 of the CPC.
Businesses now have the right to request that a case be reassigned to the correct investigative body. The prosecutor is obligated to respond promptly.
What Experts Are Saying: Balance, But No Victory
Olesia Sniehiriova, Deputy Chair of the Business and Property Rights Protection Committee at the Federation of Employers of Ukraine, states:
“Procedures and timeframes are now clearly defined: violations will have procedural consequences (reversal of rulings, inadmissibility of evidence)… Together, this creates a deterrent effect and blocks practices that were used for pressure.”
At the same time, Orest Stasiuk, a legal advisor at Asters law firm, warns:
“At this point, it’s difficult to say which version will be submitted for voting and what will remain of the original draft.”
Yefrem Lashchuk, legal affairs expert at the Economic Expert Platform, points to specific risks:
“Much attention was given to supplementing Article 214 (Part 4) of the CPC, which would stipulate that a case can only be opened if the complaint contains ‘sufficient data’ to indicate a criminal offense. But that phrase is subjective, and could be used to justify refusals to register valid reports.”
He adds:
“We’re not arguing against punishing the guilty. We’re arguing against abuse of power.”
Despite a flood of amendments and the lack of a final version, draft law No. 12439 has the potential to redefine how business interacts with law enforcement. It does not create advantages for either side but it does set boundaries, time limits, and accountability. This is a step toward making the criminal process adversarial rather than punitive. It’s still too early to predict outcomes. But if even part of the changes are implemented, it would mean that Ukrainian businesses were finally heard.
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