Criminal Practice in Ukraine: A Guide for Foreign Nationals
Michael Dgalapyn, Partner, Lions Lawyers
Publication
Foreign nationals living in, investing in, or travelling to Ukraine often underestimate the procedural and legal differences of the Ukrainian criminal justice system.
While Ukraine continues to align its legal framework with European standards, criminal investigations — particularly those involving business, finance, or cross-border transactions — remain procedurally complex and risk-sensitive for foreigners.
This overview highlights the key legal aspects every foreign individual or company representative should understand.
Legislation
Criminal proceedings in Ukraine are governed primarily by:
-The Criminal Code of Ukraine (substantive offences)
-The Criminal Procedure Code of Ukraine (procedural rules)
-The procedural framework is adversarial in structure but retains strong investigative powers vested in law-enforcement authorities.
Investigations are typically conducted by:
-National Police
-Security Service of Ukraine (SBU)
-Bureau of Economic Security
-National Anti-Corruption Bureau (NABU)
-State Bureau of Investigations (DBR)
Jurisdiction depends on the nature of the alleged offence.
1. Common Risk Areas for Foreigners
Foreign nationals most frequently face exposure in cases involving:
Business and corporate disputes reclassified as fraud
Tax and customs matters
Investment and joint-venture conflicts
Cryptocurrency and financial transactions
Sanctions and export-control compliance
Alleged document forgery or misrepresentation
In practice, commercial conflicts may escalate into criminal proceedings as a pressure tool within broader corporate disputes.
2. Initiation of Criminal Proceedings
Criminal cases may be initiated through:
Complaints by private individuals or counterparties
Reports by regulatory authorities
Prosecutorial or investigative findings
Once registered in the Unified Register of Pre-Trial Investigations, authorities gain procedural powers to conduct investigative actions.
3. Investigative Powers and Procedural Measures
Investigators may seek court authorisation for measures including:
Searches of residential and business premises
Seizure of documents and electronic devices
Freezing of bank accounts and assets
Interrogations and witness questioning
Surveillance measures
For foreign executives, dawn raids and document seizures present the most immediate operational risks.
4. Status of a Foreigner in Criminal Proceedings
A foreign national may participate in proceedings as:
Witness
Suspect
Accused
Key rights include:
Legal counsel from the moment of detention or suspicion notice
Interpreter assistance
Consular notification
Access to case materials (at later stages)
However, procedural deadlines are strict, and early legal intervention is critical.
5. Pre-Trial Restraint Measures
Courts may impose preventive measures such as:
Personal recognisance
Bail
House arrest
Detention in custody
Risk assessment includes flight risk, asset access, and international mobility — factors particularly relevant to foreigners.
6. Asset Freezes and Property Seizure
In financial or corporate cases, investigators frequently seek asset seizure orders covering:
Bank accounts
Corporate rights
Real estate
Cryptocurrency wallets
Vehicles and equipment
Asset tracing and unfreezing strategy becomes central to defence.
7. Trial and Court Proceedings
Criminal trials are conducted in Ukrainian courts of general jurisdiction.
Proceedings include:
Examination of evidence
Witness testimony
Expert opinions
Defence submissions
Foreign defendants participate via interpreters where necessary.
8. Cross-Border Elements
Cases involving foreigners often include:
Mutual legal assistance requests
Extradition proceedings
Interpol notices
Parallel investigations in multiple jurisdictions
Coordination of multi-jurisdictional defence is frequently required.
9. Strategic Defence Considerations
Effective defence typically involves:
Early case assessment
Evidence preservation
Procedural challenge strategy
Asset protection structuring
Negotiation with prosecutors where appropriate
Preventive legal planning is particularly important for foreign investors operating in regulated or high-risk sectors.
10. Conclusion
Ukraine’s criminal justice system provides procedural safeguards but remains investigation-driven in practice.
Foreign nationals facing criminal exposure — particularly in business contexts — require immediate, strategically coordinated legal defence to protect liberty, assets, and reputation.
Lions Lawyers - Ukraine
Our Criminal Defence Practice
Lions Lawyers represents foreign nationals, investors, and corporate executives in complex criminal proceedings across Ukraine, particularly where criminal allegations intersect with business, financial, or corporate disputes.
We provide:
Defence in white-collar and economic crime investigations
Representation during searches, interrogations, and seizures
Asset unfreezing and property release applications
Cross-border defence coordination
Extradition and Interpol defence
Strategic crisis management and reputation protection
Our team combines criminal defence advocacy with deep understanding of corporate, financial, and cross-border legal structures.
Early legal intervention significantly reduces procedural risks, protects assets, and strengthens defence positioning.