Date of publication: 16 May 2025
Kostiantyn Kryvenko, Attorney at Law, Counsel, Head of Criminal Law
Source: The Page
After the start of the full-scale invasion, Ukraine switched to a regime of constant mobilization of resources, both military and economic. Business involved in public procurement, especially in the defense sector, is operating under increased scrutiny. But more and more often, this scrutiny is turning into pressure involving law enforcement agencies, account freezing, searches and criminal proceedings.
Embezzlement and corruption during wartime are a red rag to society and, therefore, the most coveted trophy for law enforcement agencies and valuable content for the media, as they spark public debate and demonstrate the effectiveness of the law enforcement system. Therefore, in order to get another ‘high-profile exposure’ of criminals, law enforcement agencies are increasingly neglecting quality and focusing on sensationalism.
Today, there is a very negative practice, whereby a person becomes guilty not after a court verdict, but after the publication of a press release on the law enforcement agency website, which is then disseminated in the media and forms public opinion about the guilt of a person who has not yet been convicted by a court. This public perception also influences the decisions of investigating judges during the pre-trial investigation, in particular on the application of measure of restraint and setting bail.
This leads to a situation where most judges deciding on measure of restraint against a person, already recognized by society as corrupt, determine the amount of bail in accordance with media coverage rather than the suspect’s actual financial capacity, as provided for in the Criminal Procedure Code. We understand this. But we must fight this proactively.
Practical experience shows that the presumption of innocence, the adversarial nature of the judicial process, and the impartiality of both the prosecution and the court are currently limited in Ukraine. This makes it much more difficult for the defense to prove the innocence of their clients, especially in high-profile cases that have attracted public attention.
Preventive Protection: What Business Should Do
Business should protect itself from unfair criminal charges when entering into and executing contracts with the Ministry of Defense and other government agencies.
Effective defense is always based on an individual approach, since the circumstances of each case are different. The client’s personality, the details of the case, the investigator’s motivation, the prosecutor’s knowledge and the mood of the investigating judge are all important factors. There is no single correct defense strategy, but there are some basic things to keep in mind.
First, hire a lawyer. No matter how ordinary it seems, if your company works with the sate today, your legal advisor’s number should be in your speed dial contacts after your family members. The same applies to any government officials responsible for making organizational, administrative or economic decisions.
Second, analyze your business activities and communication style through the prism of the criminal code. Nothing in your actions or words should give third parties the impression that they are illegal. Act as if you are being bugged. Not because of paranoia, but because of reality: your words can be taken out of context and used against you.
Thirdly, respect the confidentiality of your communication. Experts have long been able to determine the content of your conversations by recording vibrations from window panes, and you will only make the work of an intelligence officer listening to your conversations through a mobile operator boring and easy.
Do not spare any expense in ensuring that your activities comply with current legislation by conducting legal audits on a regular basis. Prepare yourself and your employees for possible investigative actions by law enforcement agencies (searches, interrogations). There are various instruments available for this purpose: a pre-agreed action plan (which almost never works); a red button for legal assistance (calling a lawyer); preliminary advisory or even practical training sessions.
Remember that agreements and arrangements can play a cruel trick. It is clear that business is a delicate matter, and not everything that is agreed upon becomes part of a contract, but even a small receipt will carry more weight in court than a statement of intent and active actions. When your activities are lawful, their traces, including digital ones, will work in your favour. Therefore, collect and store documents.
The state is not the easiest partner for business. Complexity and increased risk create a need for accurate legal work. Today, it is not enough to simply work honestly; it’s also important to know how to protect yourself. And it is better to do this not when someone knocks on your door, but when there is still time to analyze everything.
In wartime, business must not only be effective, but also legally armed.
