Case Under Review by Ukraine's Constitutional Court
The Constitutional Court of Ukraine has been deliberating on a case concerning the constitutionality of specific provisions within the Criminal Procedure Code (CPC). These provisions govern the termination of criminal proceedings under a private prosecution model when the victim withdraws the accusation. The case was initiated following a constitutional complaint by Andrii Zvarych, whose criminal case was closed after the victim's representative dropped the charges.
The First Senate of the Constitutional Court of Ukraine heard this case on 01.04.2026, with Justice Oksana Hryshchuk serving as the judge-rapporteur. Andrii Volodymyrovych Zvarych was accused of committing a criminal offense under Article 356 of the Criminal Code of Ukraine. Following the refusal of the victim's representative to press charges, the Ternopil City District Court of Ternopil Oblast issued a ruling on May 14, 2025, dismissing the criminal proceedings based on Clause 7, Part 1, Article 284 of the CPC.
Appeal Process and Broader Implications
Zvarych's defense counsel filed an appeal, leading the Ternopil Court of Appeal to partially grant it in a ruling dated August 13, 2025. However, the Supreme Court subsequently refused to open cassation proceedings in a ruling on November 10, 2025.
The plenary session for this case was attended by the Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court, Maksym Dyrdin, and lawyer Mykhailo Samuliak. A video recording of the plenary session is available in the Archive of Meeting Broadcasts on the Court's official website.
The challenged CPC provisions stipulate that a victim's or their representative's refusal to prosecute constitutes an unconditional ground for closing criminal proceedings initiated as a private prosecution. This judicial review is significant as it questions whether such automatic dismissal adequately serves justice, particularly in a legal system evolving post-2014 judicial reforms. An exception exists for criminal offenses related to domestic violence, where proceedings cannot be terminated simply because the victim withdraws the accusation.
The Constitutional Court's ruling could substantially influence criminal justice practice in Ukraine, particularly regarding the limits on dismissing cases when a victim recants. The core issue involves balancing the rights of victims, ensuring fair trial principles, and potentially re-evaluating approaches to private prosecution. The outcome may inform future legislative initiatives to amend the Criminal Procedure Code and shape strategies for combating criminal offenses across the country.
In light of the ongoing discussions regarding the implications of a victim's withdrawal in criminal proceedings, it is essential to consider how these legal interpretations may influence other judicial matters. For instance, the recent ruling by Ukraine's Constitutional Court on the rules governing judicial recusal in criminal cases sheds light on the complexities of legal procedure and the balance of justice. To explore this crucial development further, read more about the court's clarifications on judicial participation here.