UKRAINE Law and Practice Contributed by: Denys Bugay, Volodymyr Vashchenko, Denys Shkarovsky and Oleksandr Lukianenko, VB Partners
however, certain measures can be applied to them in specific circumstances. The criminal law measures applicable to legal entities include: • fines – as of 2025, the maximum fine amounts to UAH127.5 million (EUR2.6 million); • confiscation of property; and • liquidation. These measures may be imposed under the following conditions. Criminal acts committed by authorised persons When committed by authorised persons on behalf, and in the interests, of a legal entity, crimes included are: • money laundering; • use of funds from illegal narcotics; • bribery of officials (regardless of ownership type); • bribery of public service providers; and • abuse of influence. Failure to prevent corruption This occurs where authorised persons fail to fulfil their duties regarding corruption prevention, resulting in the commission of any of the aforementioned crimes. Crimes against national and public security These include certain crimes committed by authorised persons on behalf of a legal entity that affect national security, public security or international legal order, or that involve terrorist activities. Crimes against sexual integrity and public morality These include crimes committed by authorised per - sons related to a minor, concerning sexual freedom, public order and morality, when done in the interests of the legal entity. Crimes are deemed to be committed in the interests of a legal entity if they:
Importantly, the imposition of criminal law measures does not preclude the direct criminal liability of the authorised persons within the legal entity. In cases of reorganisation, criminal law measures may also be applied to the legal successors who inherit the property, rights and obligations related to the criminal offences. Liability of parent, subsidiary and group companies In Ukraine, a legal entity bears liability only for those criminal offences committed by its authorised repre - sentatives on its behalf and in its interests. Liability of a parent company for the actions of its sub - sidiary, or of a subsidiary for the actions of its parent company, is not provided for under national legislation and may only be established within internal policies In Ukraine, there are no distinct sentencing guidelines specifically for white-collar crimes. Judges follow gen - eral sentencing principles as outlined in the Criminal Code of Ukraine. Under Ukrainian law, the court imposes sentences within the range established by the legal provisions applicable to the offence committed. The court con - siders several factors when determining the appropri - ate sentence, including: • the severity of the offence; • the offender’s identity; and • any mitigating or aggravating circumstances. Legislation allows both for less severe and more severe sentences than those prescribed by the stand - ard sanction for a crime: and corporate governance rules. 1.6 Sentencing and Penalties • less severe sentences – these may be imposed if there are significant mitigating circumstances and a substantial reduction in the crime’s gravity; and • more severe sentences – these may be applied in cases involving multiple offences or cumulative sentencing.
• result in an unlawful benefit to the entity; • create conditions for such a benefit; or • aim to evade legal liability.
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