UKRAINE Law and Practice Contributed by: Denys Bugay, Volodymyr Vashchenko, Denys Shkarovsky and Oleksandr Lukianenko, VB Partners
1. Criminal Law 1.1 Criminal Offences In Ukraine, criminal offences are divided into two main categories: crimes and misdemeanours. Crimes are further classified by severity into minor, serious, and particularly serious offences, with the classification determined by the punishment pre - scribed in law. Every crime must contain certain essential elements: • subject; • object; • objective aspect (an act or omission); and • subjective aspect (intent and culpability). The presence of a specific purpose or motive within the subjective aspect is not necessary for an act to be recognised as a crime. Importantly, criminal liability is not limited to complet - ed offences. Attempts to commit a crime – whether successful or not – and, in certain circumstances, preparations for committing a crime are also punish - able under Ukrainian law. 1.2 Burden of Proof In all criminal proceedings, including those concern - ing white-collar offences, the burden of proof rests exclusively with the prosecution. This principle is enshrined in Article 62 of the Consti - tution of Ukraine, which affirms that every person is presumed innocent until proven guilty by a court of law. No individual may be subjected to criminal penal - ties unless their guilt is established through due legal process, and the accused bears no obligation to prove their innocence. While Ukrainian criminal procedure legislation does not expressly define the standard of proof in crimi - nal cases, established judicial practice applies the “beyond a reasonable doubt” standard. This requires that the evidence presented must eliminate all reason - able alternative explanations, leaving only the conclu - sion that the accused committed the alleged offence.
1.3 Statute of Limitations Ukrainian legislation allows for the prosecution of individuals for criminal offences, and provides for the application of criminal law measures to legal entities. The Criminal Code of Ukraine outlines statutes of limi - tations both for individuals (Article 49) and for legal entities regarding criminal liability. Statute of Limitations for Prosecution of Individuals The statute of limitations varies according to the severity of the offence: • two years for a misdemeanour where the punish - ment is less severe than restriction of liberty; • three years for a misdemeanour where restriction of liberty is prescribed; • three years for a minor crime punishable by no more than two years of imprisonment; • five years for a minor crime, except for the above exception; • ten years for a serious crime; and • fifteen years for an especially serious crime. The statute of limitations begins from the date the offence is completed and continues until a court sen - tence enters into force. Notably, there are no special provisions regarding ongoing offences in relation to the statute of limitations. Additionally, certain offences are exempt from the statute of limitations entirely. These include: • crimes against national security; • acts of torture; and • certain crimes against peace and humanity – eg: (a) planning and waging aggressive war; (b) violations of the laws of war; (c) use of weapons of mass destruction; and (d) genocide. Statute of Limitations for Applying Criminal Law Measures to Legal Entities The statute of limitations for legal entities also depends on the gravity of the offence, as follows: • three years for a misdemeanour;
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