Case Under Review by Ukraine's Constitutional Court
The Constitutional Court of Ukraine is hearing a case concerning a provision of the country's Criminal Procedure Code (CPC). This provision restricts the right to appeal a court's refusal to lift the seizure of assets during a pre-trial investigation. The case was initiated by Alona Vasylivna Karas and Volodymyr Volodymyrovych Karas, who are challenging the constitutionality of paragraph 9, part 1 of Article 309 of the CPC against specific articles of the Ukrainian Constitution.
On March 4, 2026, the Court's Second Senate held a hearing on this complaint. The underlying pre-trial investigation is being conducted by the Main Directorate of the National Police in Vinnytsia Oblast, concerning alleged offenses under the Criminal Code. As part of this probe, the Vinnytsia City Court ordered the seizure of real estate, including one-bedroom apartments belonging to Alona Karas, on September 2, 2020.
Legal Hurdles for the Defense
Subsequent rulings highlight the legal difficulties faced by the defense. On June 26, 2025, the Vinnytsia City Court rejected a motion to cancel the asset seizure. Later, on July 24, 2025, the Vinnytsia Court of Appeal refused to open appellate proceedings, citing Article 309 of the CPC. Following this, a panel of judges from the Second Judicial Chamber of the Criminal Cassation Court within the Supreme Court also declined to open cassation proceedings on September 22, 2025.
During the plenary session on the complaint, the authorized representative for the complainants, lawyer Dmytro Riabov, and other citizens were present. After discussion, the Court moved to a closed session to deliberate on the next steps in the case.
This case is significant for Ukraine's legal system, as it addresses a critical gap in procedural safeguards for property rights. The Court's decision could reshape judicial practice by defining the limits of the CPC's application concerning citizen protections. The outcome may have broad implications for ensuring fairness and transparency in criminal proceedings, particularly regarding the ability to challenge pre-trial measures that restrict property.