Ukrainian Citizens Granted Right to Appeal Property Non-Return by Constitutional Court

Appeal Guarantees Strengthened for Property Rights During Pre-Trial Investigation

According to Конституційний суд: A landmark decision was issued by the court.

On July 21, 2026, the Second Senate of Ukraine's Constitutional Court delivered Ruling No. 8-r(II)/2026 in response to a constitutional complaint filed by Serhii Volodymyrovych Hudyrenko. The court struck down as unconstitutional Article 307, part three, and Article 309, parts one and two, of the Criminal Procedure Code of Ukraine. These provisions had failed to grant the right to appeal a judge's ruling that rejected a complaint about a prosecutor's or investigator's inaction regarding the return of temporarily seized property.

The decision was authored by Judge-Rapporteur Oleh Pervomaiskyi. The invalidated articles of the Criminal Procedure Code became void immediately upon the ruling, effective July 21, 2026. The Constitutional Court based its finding of unconstitutionality on the absence of a legal avenue for appealing such investigative judge rulings when complaints about inaction concerning property return under Code Article 169 are denied.

Legislative Changes Introduced

Specifically, Article 307, part three of the Criminal Procedure Code previously stated:

“a ruling by an investigative judge following a review of a complaint against a decision, action, or inaction by an investigator, inquirer, or prosecutor cannot be appealed, except for a ruling denying a complaint against a decision to close criminal proceedings”

. Meanwhile, Article 309, part two noted that

“during pre-trial investigation, rulings by an investigative judge refusing a complaint against a decision to close criminal proceedings may also be appealed in cassation”

.

The full text of the ruling and its summary were released on July 22, 2026, allowing all stakeholders to review these critical legislative changes affecting appeal rights in criminal proceedings. This decision underscores the importance of safeguarding citizens' property rights and ensuring their access to a fair trial during pre-trial investigations.

This Constitutional Court ruling marks a significant step forward in enhancing legal protections for property rights. It opens new avenues for appeal, which could substantially improve the effectiveness of pre-trial investigations and boost public confidence in the justice system. These changes are poised to play a key role in curbing abuses within law enforcement and advancing citizens' rights to reclaim their property.

The recent ruling by the Constitutional Court not only addresses the appeal rights regarding property non-return but also highlights a broader trend in judicial reforms. To further understand the implications of these changes and their impact on citizen complaints, read more about the court's recent decisions on citizen grievances.