The Constitutional Court to Review the Constitutionality of Criminal Law Provisions on Complicity

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Following a preliminary review, the Constitutional Court has accepted for constitutional proceedings a citizen’s appeal regarding the constitutionality of Article 262 of the Criminal Code, as well as paragraphs 11 and 13 of the Regulatory Resolution No. 2 of the Supreme Court dated June 21, 2001, “On Certain Issues of Court Application of Legislation on Liability for Banditry and Other Criminal Offenses Committed in Complicity.”

These provisions define the elements and grounds for criminal liability for creating and leading an organized group or a criminal organization, as well as for participation in such entities.

The applicant argues that the contested provisions allow law enforcement authorities to equate an entrepreneur who has committed an economic offense with members and leaders of an organized criminal group.

Information on the progress and results of the review will be published on the official website and Telegram channel of the Constitutional Court.