UKRAINE Law and Practice Contributed by: Denys Bugay, Volodymyr Vashchenko, Denys Shkarovsky and Oleksandr Lukianenko, VB Partners
• five years for a minor crime; • ten years for a serious crime; and • fifteen years for an especially serious crime. This period begins from the date the authorised per - son committed the offence that serves as the basis for applying measures to the legal entity. 1.4 Extraterritorial Reach and Cross-Border Co-Operation Extraterritorial Reach In addition to its domestic applicability, Ukrainian criminal legislation extends to actions committed out - side Ukraine under the following conditions: • Crimes committed abroad by Ukrainian citizens or stateless persons permanently residing in Ukraine are subject to prosecution under the Criminal Code of Ukraine, unless international treaties specify otherwise. • Foreigners or stateless persons who do not per - manently reside in Ukraine may be held criminally liable in Ukraine for serious or especially serious crimes committed outside Ukraine, if these crimes are against Ukrainian citizens’ rights and freedoms or against Ukraine’s interests. • Foreigners or stateless persons who do not per - manently reside in Ukraine and who commit crimes abroad are subject to Ukrainian jurisdiction if such jurisdiction is stipulated by international treaties. • If foreigners or stateless persons outside Ukraine commit offences related to abuse of influence, or offer, promise or provide unlawful benefits to Ukrainian officials or accept such benefits, they may be prosecuted under Ukrainian law. Cross-Border Co-Operation Ukraine participates in approximately 100 bilateral and multilateral treaties that address mutual legal assistance in criminal matters and extradition. Key multilateral treaties include: • the UN Convention against Transnational Organ - ized Crime (2000); • the UN Convention against Corruption (2003); • the European Convention on Mutual Assistance in Criminal Matters (1959);
• the European Convention on the Extradition of Offenders (1957); • the European Convention on Combating Terrorism (1977); • the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of Proceeds of Crime (1990); • the Inter-American Convention on Mutual Assis - These treaties facilitate co-operation and mutual legal assistance in criminal investigations and proceedings, enhancing Ukraine’s ability to address cross-border crime effectively. Involvement in International Task Forces • Ukraine is in the process of acceding to the OECD Anti-Bribery Convention: in 2022 Ukraine officially submitted an application to join the OECD and in 2023 was granted participant status in the Working Group on Bribery. • Ukraine is an active member of INTERPOL (since 1992). The National Central Bureau (NCB) of INTERPOL in Ukraine is the Department of Interna - tional Police Cooperation of the National Police of Ukraine. • Within the framework of European integration, Ukraine has strengthened its co-operation with Europol and Eurojust. Although not yet a full member, Ukraine exchanges information and co-ordinates actions in cases with a cross-border element. tance in Criminal Matters (1992); and • the Convention on Extradition (1933). • Ukrainian law enforcement agencies also interact with international financial institutions, including the World Bank and regional development banks, in matters concerning the recovery of illicitly removed assets. • Ukraine is not a member state of the Financial Action Task Force. 1.5 Corporate and Personal Liability Criminal Law Measures Ukrainian legislation employs the term “criminal law measures” rather than “criminal liability” in relation to legal entities. This distinction arises because legal entities are not defined as subjects of crime per se;
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